condition and functioning of such a
vehicle may be conducted at an authorized inspection station or authorized
station as defined in NRS 445B.710 and 445B.720, respectively.

(c) Define restored
vehicle for the purposes of the regulations.

2. Standards for exhaust emissions which
apply to a trimobile must be based on standards which were in effect in the
year in which the engine of the trimobile was built.

3. Any such standards which pertain to
motor vehicles must be approved by the department of motor vehicles and public
safety before they are adopted by the commission.

Sec. 5. The department of
motor vehicles and public safety shall conduct a study concerning the potential
and actual effects, as appropriate, of the refunding by the department of fees,
taxes and other charges required pursuant to this act or any other specific
statute, and submit a report of the study to the director of the legislative
counsel bureau on or before January 18, 1999, for transmittal to the 70th
session of the Nevada legislature.

Sec. 6. 1. This
section and sections 4 and 5 of this act become effective on July 1, 1997.

2. Sections 1.7, 2 and 3 of this act
become effective on January 1, 1998.

3. Sections 1 and 1.9 of this act become
effective on January 1, 2001.

AN ACT relating to convicted persons;
providing for therapeutic communities in prison and programs of aftercare to
treat certain offenders who are substance abusers; making appropriations; and
providing other matters properly relating thereto.

[Approved July 16, 1997]

Whereas, Many
studies have indicated that substance abuse constitutes one of the major
contributing factors to criminal activity; and

Whereas, A
study by the Commission on Substance Abuse Education, Prevention, Enforcement
and Treatment estimated that 80 percent of persons arrested tested positive for
drug use; and

Whereas, The
results of a landmark 1992 study of the effectiveness and benefits of programs
for the treatment of substance abuse in California indicated three major
findings:

1. There is a return of $7 for each
dollar invested in such programs;

2. There is a significant decline in the
criminal activities of persons who complete treatment in such programs; and

3. There are significant improvements in
the health and corresponding reductions in the hospitalization of persons who
participate in treatment in such programs; and

Whereas, Therapeutic
communities that provide treatment for certain offenders who are substance
abusers constitute a good investment of public funds yielding a significant
return; and

Whereas, The
benefits of therapeutic communities justify the use of scarce public funds to
operate such communities; now, therefore,

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.Chapter 209 of
NRS is hereby amended by adding thereto the provisions set forth as
sections 2 to 13, inclusive, of this act.

Sec. 2. As used in sections 2 to 13, inclusive, of this act, unless
the context otherwise requires, the words and terms defined in sections 3 to 6,
inclusive, of this act have the meanings ascribed to them in those sections.

Sec. 3. Bureau means the bureau of alcohol and drug abuse of the
rehabilitation division of the department of employment, training and
rehabilitation.

Sec. 4. Program of aftercare means a program that is established
pursuant to section 9 of this act to provide continuing treatment to those
offenders who successfully complete treatment in a therapeutic community.

Sec. 5. Substance abuser means a person who abuses, is addicted to
or is psychologically or physically dependent on:

1. Alcohol;

2. A controlled
substance; or

3. A drug, poison,
solvent or toxic inhalant. This subsection does not include tobacco or products
made from tobacco.

Sec. 6. Therapeutic community means a program that is established
pursuant to section 7 of this act to provide treatment to certain offenders who
are substance abusers.

Sec. 7. 1. The director shall, in conjunction with the
bureau and with the approval of the board, establish one or more therapeutic
communities to provide treatment to certain offenders who are substance
abusers. A therapeutic community must include, but is not limited to, the
requirements set forth in this section.

2. A therapeutic
community must provide an offender with:

(a) Intensive treatment
for substance abuse;

(b) A clearly defined set
of goals;

(c) A clearly defined
structure of authority; and

(d) A highly structured
schedule that includes, but is not limited to, the treatment listed in
paragraph (a) and, if practicable, programs of employment, general education or
vocational training.

3. Except as otherwise
provided in sections 2 to 13, inclusive, of this act, offenders who are
assigned to a therapeutic community, to the extent practicable as determined by
the director or a person designated by the director:

(a) Must be housed in
areas of a facility or institution that are segregated from other areas of the
facility or institution in which offenders who are not assigned to the
therapeutic community are housed; and

(b) Must participate in
the therapeutic community for a period of 1 year and a program of aftercare for
a period of 1 year if a program of aftercare is required pursuant to section 9
of this act.

Sec. 8. 1. The director shall, in conjunction with the
bureau and with the approval of the board, establish a program to evaluate an
offender in the custody of the department to determine whether the offender is
a substance abuser and whether the offender may benefit from participation in a
therapeutic community.

2. An evaluation
of an offender must be conducted pursuant to subsection 1 if:

(a) The offender requests
the evaluation; and

(b) The offender is
eligible to be assigned to a therapeutic community.

3. After an
evaluation is conducted pursuant to subsection 1, the director or a person
designated by the director shall determine whether the offender is a substance
abuser and whether the offender may benefit from participation in a therapeutic
community.

4. If a
determination is made that the offender is a substance abuser and that the
offender may benefit from participation in a therapeutic community, the
director or a person designated by the director may offer the offender the
choice of participating in a therapeutic community. In determining whether to offer
an offender the choice of participating in a therapeutic community, the
director or a person designated by the director shall:

(a) Consider the severity
of the problem of substance abuse by the offender and the availability of space
in each therapeutic community; and

(b) Give preference, to
the extent practicable, to those offenders who appear to be most capable of
successfully participating in and completing treatment in a therapeutic
community.

5. If an offender
accepts an offer to participate in a therapeutic community:

(a) The offender must
sign an authorization form, prepared by the director or a person designated by
the director, in which the offender agrees to and accepts the conditions of
participation in the therapeutic community and a program of aftercare; and

(b) The offender must be
assigned to participate in the therapeutic community for the year immediately
preceding the date on which his term of imprisonment expires or the date on
which he is due to be released on parole, whichever is likely to occur earlier.

Sec. 9. 1. The director shall, in conjunction with the
bureau and with the approval of the board, establish one or more programs of
aftercare to provide continuing treatment to those offenders who successfully
complete treatment in a therapeutic community.

2. Except as
otherwise provided in sections 2 to 13, inclusive, of this act:

(a) An offender who successfully
completes treatment in a therapeutic community must be assigned, to the extent
practicable as determined by the director or a person designated by the
director, to a program of aftercare upon completion of treatment in a
therapeutic community.

(b) An offender shall
participate, to the extent practicable as determined by the director or a
person designated by the director, in a program of aftercare for a period of 1
year.

(c) If an offender is
assigned to a program of aftercare and, before or during his participation in
such a program, the offender is released on parole:

(1) The offender
shall continue to participate in a program of aftercare, to the extent
practicable as determined by the director or a person designated by the
director and by the state board of parole commissioners; and

(2) Such
participation, if any, must be made a condition of parole pursuant to section
15 of this act.

(d) If an offender is
assigned to a program of aftercare and, before or during his participation in
such a program, the offender is assigned to serve a term of residential
confinement pursuant to NRS 209.392, the offender shall continue to participate
in a program of aftercare to the extent practicable as determined by the
director or a person designated by the director.

Sec. 10. 1. The director or a person designated by the
director may remove an offender from a therapeutic community or a program of
aftercare, temporarily or permanently, for any lawful reason or purpose.

2. The director
may impose conditions on the participation of an offender in a therapeutic
community or a program of aftercare and may establish sanctions and incentives
relating to participation in a therapeutic community or a program of aftercare.

3. The provisions
of sections 2 to 13, inclusive, of this act do not create a right on behalf of
an offender to participate in a therapeutic community or a program of aftercare
and do not establish a basis for any cause of action against the state or its
officers or employees for denial of the ability to participate in or for
removal from a therapeutic community or a program of aftercare.

Sec. 11. An offender may not participate in a therapeutic community if
the offender:

1. Was sentenced
to death or a term of imprisonment for life without the possibility of parole;

2. Has been
convicted of more than one felony, unless all of the felonies for which the
offender has been convicted arose out of the same act, transaction or
occurrence; or

3. Is or was
eligible to participate in the program of treatment established pursuant to NRS
209.425, whether or not the offender actually participated in or completed that
program of treatment.

Sec. 12. To carry out the provisions of sections 2 to 13, inclusive, of
this act, the director may contract with persons or private entities that are
qualified to evaluate offenders who are substance abusers or qualified to
administer therapeutic communities or programs of aftercare.

Sec. 13. The director shall provide the following information to the
interim finance committee on or before January 31 of each even-numbered year
and to the senate standing committee on finance and the assembly standing committee on ways and means at the beginning of each
regular session of the legislature:

standing committee on ways and means
at the beginning of each regular session of the legislature:

1. The number of
offenders who are currently participating in therapeutic communities and
programs of aftercare;

2. The number of
offenders who have participated in therapeutic communities and programs of
aftercare and the number of those offenders who subsequently have been arrested
for other offenses; and

3. The number of
offenders who have successfully completed treatment in therapeutic communities
and programs of aftercare and the number of those offenders who subsequently
have been arrested for other offenses.

The central repository for Nevada
records of criminal history shall assist the director in obtaining all data
that is necessary to prepare the information required by subsections 2 and 3.

Sec. 14. NRS 209.463 is
hereby amended to read as follows:

209.463 Except
as otherwise provided in section 6 of [this act,]Senate Bill No. 328 of this session, the director
may make the following deductions, in the following order of priority, from the
wages earned by an offender from any source during his incarceration:

1. If the
hourly wage of the offenderis equal to or
greater than the federal minimum wage:

(a) An amount the director deems reasonable for
deposit with the state treasurer for credit to the fund for the compensation of
victims of crime.

(b) An amount the director considers reasonable
to meet an existing obligation of the offender for the support of his family.

(c)An amount
determined by the director, with the approval of the board, for deposit in the
state treasury for credit to the fund for new construction of facilities for
prison industries, but only if the offender is employed through a program for
prison industries.

(d) An amount determined by the director for
deposit in the individual account of the offenderin
the prisoners personal property fund.

(e) An amount determined by the director, with
the approval of the board, to offset the cost of maintaining the offender in
the institution, as reflected in the budget of the department. An amount deducted pursuant to this paragraph may include, but
is not limited to, an amount to offset the cost of participation by the
offender pursuant to sections 2 to 13, inclusive, of this act in a therapeutic
community or a program of aftercare, or both.

(f) A deduction pursuant to NRS 209.246.

(g)An amount
determined by the director for deposit in a savings account for the offender,
in which interest on the money deposited does not accrue, to be used for the
payment of the expenses of the offender related to his release, or if the
offender dies before his release, to defray expenses related to arrangements
for his funeral.

(h) An amount the director considers reasonable
to meet an existing obligation of the offender for restitution to any victim of
his crime.

(i) An amount the director considers reasonable
to pay the balance of an administrative assessmentincluded in the
judgment entered against the offender for each crime for which he is
incarcerated and the balance of an unpaid administrative assessment included in
a judgment entered against the offender for a crime committed in this state for
which he was previously convicted.

convicted. An amount deducted from the wages of the offenderpursuant to this paragraph must be submitted:

(1) If the offender does not have an
administrative assessment owing from a judgment entered for a crime previously
committed in this state, to the court that entered the judgment against the
offender for which he is incarcerated.

(2) If the offender has an administrative
assessment owing from a judgment entered for a crime previously committed in
this state, to the court that first entered a judgment for which an administrative
assessment is owing, until the balance owing has been paid.

(j) An amount the director considers reasonable
to pay the balance of a fine included in the judgment entered against the
offender for each crime for which he is incarcerated and the balance of an
unpaid fine included in a judgment entered against the offender for a crime
committed in this state for which he was previously convicted. An amount
deducted from the wages of the offender pursuant to this paragraph must be
submitted:

(1) If the offender does not have a fine
owing from a judgment entered for a crime previously committed in this state,
to the court that entered the judgment against the offender for which he is
incarcerated.

(2) If the offender has a fine owing from
a judgment entered for a crime previously committed in this state, to the court
that first entered a judgment for which a fine or administrative assessment is
owing, until the balance owing has been paid.

The director shall determine the priority of any other
deduction authorized by law from the wages earned by the offender from any
source during his incarceration.

2. If the hourly wage of the offender is
less than the federal minimum wage:

(a) An amount the director deems reasonable for
deposit with the state treasurer for credit to the fund for the compensation of
victims of crime.

(b) An amount determined by the director, with
the approval of the board, for deposit in the state treasury for credit to the
fund for new construction of facilities for prison industries, but only if the
offender is employed through a program for prison industries.

(c) An amount determined by the director for
deposit in the individual account of the offenderin
the prisoners personal property fund.

(d) An amount determined by the director, with
the approval of the board, to offset the cost of maintaining the offender in
the institution, as reflected in the budget of the department. An amount deducted pursuant to this paragraph may include, but
is not limited to, an amount to offset the cost of participation by the
offender pursuant to sections 2 to 13, inclusive, of this act in a therapeutic
community or a program of aftercare, or both.

(e) A deduction pursuant to NRS 209.246.

(f) An amount determined by the director for
deposit in a savings account for the offender, in which interest on the money
deposited does not accrue, to be used for the payment of the expenses of the
offender related to his release, or if the offender dies before his release, to
defray expenses related to arrangements for his funeral.

The director shall determine the priority of any other
deduction authorized by law from the wages earned by the offender from any
source during his incarceration.

Sec. 15. Chapter 213 of NRS
is hereby amended by adding thereto a new section to read as follows:

If a prisoner is granted parole
and a determination has been made pursuant to section 9 of this act that the
prisoner must continue in a program of aftercare, the board shall, in addition
to any other condition of parole, require as a condition of parole that the
parolee participate in the program of aftercare to which he has been assigned
pursuant to section 9 of this act.

Sec. 16. NRS 213.107 is
hereby amended to read as follows:

213.107 As
used in NRS 213.107 to 213.157, inclusive, section 1 of Assembly Bill No. 240
of this session ,[and]
section 8 of [this act,]Senate Bill No. 402 of this sessionand section 15 of this act, unless the context
otherwise requires:

1. Board means the state board of
parole commissioners.

2. Chief means the chief parole and
probation officer.

3. Division means the division of
parole and probation of the department of motor vehicles and public safety.

4. Residential confinement means the
confinement of a person convicted of a crime to his place of residence under
the terms and conditions established by the board.

5. Sex offender means any person who
has been or is convicted of a sexual offense.

(c) An act of murder in the first or second
degree, kidnaping in the first or second degree, false imprisonment, burglary
or invasion of the home if the act is determined to be sexually motivated at a
hearing conducted pursuant to NRS 175.547.

7. Standards means the objective
standards for granting or revoking parole or probation which are adopted by the
board or the chief.

Sec. 17. Section
5 of Senate Bill No. 328 of this session is hereby amended to read as
follows:

Sec. 5. Except
as otherwise provided in section 6 of this act, the director may make the
following deductions, in the following order of priority, from any money
deposited in the individual account of an offender from any source other than
his wages:

1. An amount
the director deems reasonable for deposit with the state treasurer for credit
to the fund for the compensation of victims of crime created pursuant to NRS
217.260.

2. An amount
the director considers reasonable to meet an existing obligation of the
offender for the support of his family.

3. An
amount determined by the director, with the approval of the board, to offset
the cost of maintaining the offender in the institution, as reflected in the
budget of the department. An amount deducted pursuant to
this subsection may include, but is not limited to, an amount to offset the cost
of participation by the offender pursuant to sections 2 to 13, inclusive, of Senate
Bill No. 432 of this session in a therapeutic community or a program of
aftercare, or both.

4. A deduction
pursuant to NRS 209.246.

5. An amount
determined by the director for deposit in a savings account for the offender,
in which interest on the money deposited does not accrue, to be used for the
payment of the expenses of the offender related to his release or, if the
offender dies before his release, to defray expenses related to arrangements
for his funeral.

6. An amount
the director considers reasonable to meet an existing obligation of the
offender for restitution to a victim of his crime.

7. An amount
the director considers reasonable to pay the balance of an administrative
assessment included in the judgment entered against the offender for each crime
for which he is incarcerated and the balance of an unpaid administrative
assessment included in a judgment entered against the offender for a crime
committed in this state for which he was previously convicted. An amount
deducted from a source other than the wages earned by the offender during his
incarceration, pursuant to this subsection, must be submitted:

(a) If the offender
does not have an administrative assessment owing from a judgment entered for a
crime previously committed in this state, to the court that entered the
judgment against the offender for which he is incarcerated.

(b) If the offender
has an administrative assessment owing from a judgment entered for a crime
previously committed in this state, to the court that first entered a judgment
for which an administrative assessment is owing, until the balance owing has
been paid.

8. An amount
the director considers reasonable to pay the balance of a fine included in the
judgment entered against the offender for each crime for which he is
incarcerated and the balance of an unpaid fine included in a judgment entered
against the offender for a crime committed in this state for which he was
previously convicted. An amount deducted from any source other than the wages
earned by the offender during his incarceration, pursuant to this subsection,
must be submitted:

(a) If the offender
does not have a fine owing from a judgment entered for a crime previously
committed in this state, to the court that entered the judgment against the
offender for which he is incarcerated.

(b) If the offender
has a fine owing from a judgment entered for a crime previously committed in
this state, to the court that first entered a judgment for which any fine or
administrative assessment is owing, until the balance owing has been paid.

The director shall determine the
priority of any other deduction authorized by law from any source other than
the wages earned by the offender during his incarceration.

Sec. 18. 1. There
is hereby appropriated from the state general fund to the department of prisons
for carrying out the provisions of sections 2 to 13, inclusive, of this act:

For the fiscal year 1997-1998......................................................................... $250,000

For the fiscal year 1998-1999......................................................................... $250,000

2. The sums appropriated by subsection 1
are available for either fiscal year. Any balance of those sums must not be
committed for expenditure after June 30, 1999, and reverts to the state general
fund as soon as all payments of money committed have been made.

Sec. 19. Section 16 of this
act becomes effective at 12:02 a.m. on October 1, 1997.

AN ACT relating to public welfare;
requiring the department of human resources to establish and administer a
program to provide certain services to persons with physical disabilities;
requiring the department to request a waiver to amend the state plan for
Medicaid to include those services as medical assistance under the plan;
requiring the department to contract with the department of employment,
training and rehabilitation to coordinate the provision of those services;
making an appropriation; and providing other matters properly relating thereto.

[Approved July 16, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 422 of NRS
is hereby amended by adding thereto the provisions set forth as sections 2, 3
and 4 of this act.

Sec. 2. As used in sections 3 and 4 of this act, unless the context
otherwise requires, person with a physical disability means a person with a
severe physical disability that substantially limits his ability to participate
and contribute independently in the community in which he lives.

Sec. 3. 1. The department, through a division of the
department designated by the director, shall establish and administer a program
to provide community-based services necessary to enable a person with a
physical disability to remain in his home or with his family and avoid
placement in a facility for long-term care. The department shall contract with
the department of employment, training and rehabilitation to coordinate the
provision of community-based services pursuant to this section.

2. The department
shall apply to the Secretary of Health and Human Services for a waiver granted
pursuant to 42 U.S.C. § 1396n(c) that authorizes the department to amend the
state plan for Medicaid adopted by the department pursuant to NRS 422.270 in
order to authorize the department to include as
medical assistance under the state plan the following services for persons with
physical disabilities:

department to include as medical
assistance under the state plan the following services for persons with
physical disabilities:

(a) Respite care;

(b) Habilitation;

(c) Residential
habilitation;

(d) Environmental
modifications;

(e) Supported living;

(f) Supported living
habilitation;

(g) Supported personal
care; and

(h) Any other
community-based services approved by the Secretary of Health and Human
Services.

The department shall cooperate with
the Federal Government in obtaining a waiver pursuant to this subsection.

3. The department
shall, in consultation with department of employment, training and
rehabilitation, adopt regulations necessary to carry out the provisions of this
section, including, without limitation, the criteria to be used in determining
eligibility for the services provided pursuant to the program. Before adopting
regulations pursuant to this section, the department shall solicit comments
from persons with a variety of disabilities and members of the families of
those persons.

Sec. 4. On or before December 31 of each even-numbered year, the
director shall:

1. Prepare a
report of the effectiveness of the program administered pursuant to section 3
of this act during the preceding biennium; and

2. Submit the
report to the governor and to the director of the legislative counsel bureau
for transmittal to the next regular session of the Nevada legislature.

Sec. 5. Chapter 426 of NRS
is hereby amended by adding thereto a new section to read as follows:

Sec. 6. 1. The department of employment, training and
rehabilitation may, to carry out its obligations under a contract entered into
with the department of human resources pursuant to section 3 of this act, use
the personnel of the department of employment, training and rehabilitation or
contract with any appropriate public or private agency, organization or
institution to provide the community-based services necessary to enable a
person with a physical disability to remain in his home or with his family and
avoid placement in a facility for long-term care.

2. A contract
entered into with a public or private agency, organization or institution
pursuant to subsection 1 must:

(a) Include a description
of the type of service to be provided;

(b) Specify the price to
be paid for each service and the method of payment; and

(c) Specify the criteria
to be used to evaluate the provision of the service.

3. As used in this
section, person with a physical disability has the meaning ascribed to it in
section 2 of this act.

Sec. 7. 1. There
is hereby appropriated from the state general fund to the department of
employment, training and rehabilitation the sum of $500,000
to coordinate, in accordance with a contract entered into with the department
of human resources pursuant to section 3 of this act, the provision of
community-based services necessary to enable a person with a physical
disability to remain in his home or with his family and avoid placement in a
facility for long-term care.

$500,000 to coordinate, in accordance with a contract
entered into with the department of human resources pursuant to section 3 of
this act, the provision of community-based services necessary to enable a
person with a physical disability to remain in his home or with his family and
avoid placement in a facility for long-term care.

2. Any remaining balance of the
appropriation made by subsection 1 must not be committed for expenditure after
June 30, 1999, and reverts to the state general fund as soon as all payments of
money committed have been made.

Sec. 8. 1. Before
the department of human resources establishes the program required pursuant to
section 3 of this act, the department, in consultation with the department of
employment, training and rehabilitation, shall:

(a) Submit a report to the interim finance
committee concerning the program; and

(b) Receive the approval of the interim finance
committee to establish the program.

2. The report required pursuant to
subsection 1 must include:

(a) The services that will be provided pursuant
to the program;

(b) An estimate of:

(1) The number of persons to whom
services will be provided pursuant to the program;

(2) The cost of each service that will be
provided pursuant to the program; and

(3) The costs to administer the program
and provide services pursuant to the program for the biennium during which the
program is established; and

(c) Any other information requested by the
interim finance committee.

Sec. 9. 1. This
section and section 7 of this act become effective on June 30, 1997.

2. Sections 1 to 6, inclusive, and 8 of
this act become effective on October 1, 1997.

AN ACT relating to crimes; revising the
provisions governing the exhibition and distribution to minors of material that
is harmful to minors; and providing other matters properly relating thereto.

[Approved July 16, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 201 of NRS
is hereby amended by adding thereto the provisions set forth as sections 2, 3
and 4 of this act.

Sec. 2. Distribute means to transfer possession with or without
consideration.

Sec. 3. Material means:

1. A book,
pamphlet, magazine, newspaper, printed advertising or other printed or written
material;

2. A motion
picture, photograph, picture, drawing, statue, sculpture or other visual
representation or image; or

3. A
transcription, recording or live or recorded telephone message.

Sec. 4. The provisions of NRS 201.256 to 201.265, inclusive, section 1
of Assembly Bill No. 336 of this session and sections 2, 3 and 4 of this act do
not apply to:

1. A university,
community college, school, museum or library which is operated by or which is
under the direct control of this state or a political subdivision of this state;
or

2. An employee or
independent contractor of an institution listed in subsection 1, if the
employee or independent contractor is acting within the scope of his employment
or contractual relationship.

Sec. 5. NRS 201.256 is
hereby amended to read as follows:

201.256 As
used in NRS 201.256 to 201.265, inclusive, and section 1 of [this act,]Assembly
Bill No. 336 of this session and sections 2, 3 and 4 of this act, unless
the context otherwise requires, the words and terms defined in NRS 201.257 to
201.264, inclusive, and section 1 of [this act,]Assembly Bill No. 336 of this session and sections 2 and
3 of this act, have the meanings ascribed to them in those sections.

Sec. 6. NRS 201.265 is
hereby amended to read as follows:

201.265 Except [under
the circumstances described in]as
otherwise provided in section 4 of this act and NRS 200.720, a person is
guilty of a misdemeanor [who]if the person knowingly:

1. [Exhibits
for sale, sells or loans for monetary consideration]Distributes or causes to be distributed to a minor [, or exhibits for sale]material that is harmful to minors, unless the person is the
parent, guardian or spouse of the minor.

2. Exhibits for
distribution to an adult in such a manner or location as to allow a
minor to view or to have access [for examination any picture, photograph, drawing, sculpture, motion picture or similar
visual representation or image of a person or portion of the human body which
depicts nudity, sexual conduct or sado-masochistic abuse and] to examine
material that is harmful to minors [.]

photograph, drawing, sculpture,
motion picture or similar visual representation or image of a person or portion
of the human body which depicts nudity, sexual conduct or sado-masochistic
abuse and]to examine material that
is harmful to minors [.], unless the person is the parent, guardian or spouse of the
minor.

[2. Exhibits
for sale, sells or loans for monetary consideration to a minor, or exhibits for
sale to an adult in such a manner or location as to allow a minor to view,
read, hear or examine any book, pamphlet, magazine, printed matter, however
reproduced, or sound recording, with or without music, which contains any
matter enumerated in subsection 1, or explicit and detailed verbal descriptions
or narrative accounts of sexual excitement, sexual conduct or sado-masochistic
abuse, which is harmful to minors.

3. Exhibits for
monetary consideration to a minor, sells]

3. Sells to
a minor an admission ticket or pass [or]for or otherwise admits a minor [,] for monetary consideration [, to premises whereon there is exhibited a motion
picture, show or other presentation which, in whole or in part, depicts nudity,
sexual conduct or sado-masochistic abuse and]to any presentation of material that is harmful to
minors, unless the minor is accompanied by his parent, guardian or spouse.

4. Misrepresents that he is the parent,
guardian or spouse of a minor for the purpose of [obtaining]:

(a) Distributing to the
minor material that is harmful to minors; or

(b) Obtaining
admission of the minor to any [motion picture,
show or any other presentation which]presentation
of material that is harmful to minors.

5. Misrepresentshis age as 18 or
over for the purpose of obtaining [admission]:

(a) Material that is
harmful to minors; or

(b) Admission to
any [motion picture, show or other presentation
which]presentation of material that
is harmful to minors.

6. Sells or rents
motion pictures which contain material that is harmful to minors on the
premises of a business establishment open to minors, unless the person creates
an area within the establishment for the placement of the motion pictures and
any material that advertises the sale or rental of the motion pictures which:

(a) Prevents minors from
observing the motion pictures or any material that advertises the sale or
rental of the motion pictures; and

(b) Is labeled, in a
prominent and conspicuous location, Adults Only.

Sec. 7. Section
1 of Assembly Bill No. 336 of this section is hereby amended to read as
follows:

Section 1. Chapter
201 of NRS is hereby amended by adding thereto a new section to read as follows:

Motion picture means a
film [,]or
a video recording, whether or not it has been rated appropriate for a
particular audience, that is:

Sec. 8. The provisions of
subsection 1 of NRS 354.599 do not apply to any additional expenses of a local
government that are related to the provisions of this act.

Sec. 9. The amendatory
provisions of this act do not apply to offenses that are committed before
October 1, 1997.

Sec. 10. Sections 5, 6 and 7
of this act become effective at 12:01 a.m. on October 1, 1997.

________

CHAPTER 555, SB 451

Senate Bill No. 451Senator Regan

CHAPTER 555

AN ACT relating to tow cars; requiring
operators of tow cars to obtain certificates of public convenience and
necessity before operating in this state; requiring the public service
commission of Nevada to issue certificates of public convenience and necessity
to all operators of tow cars who were previously authorized by the commission
to operate in this state; authorizing the commission to regulate rates for
towing services performed without the prior consent of the owner of the vehicle
or the person authorized by the owner to operate the vehicle; requiring
operators of tow cars to file their rates for towing services performed without
the prior consent of the owner of the vehicle or the person authorized by the
owner to operate the vehicle with the commission; requiring an operator of a
tow car to file with the public service commission of Nevada his charges for
preparing or satisfying a lien against a stored vehicle; making various changes
concerning operators of tow cars; providing penalties; and providing other
matters properly relating thereto.

[Approved July 16, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 703.010 is
hereby amended to read as follows:

703.010 As used in this chapter:

1. Commission means the public service
commission of Nevada.

2. Fully regulated carrier has the
meaning ascribed to it in NRS 706.072.

3. Tow
car has the meaning ascribed to it in NRS 706.131.

4. Towing
services has the meaning ascribed to it in section 9 of this act.

Sec. 2. NRS 703.191 is
hereby amended to read as follows:

703.191 1. Each public
utility, fully regulated carrier , operator of a tow car
and broker of services regulated by the commission shall:

(a) Keep uniform and detailed accounts of all
business transacted in the manner required by the commission by regulation, and
render them to the commission upon its request.

(b) Furnish an annual report to the commission
in the form and detail which it prescribes by regulation.

The regulations of the commission may
not require an operator of a tow car to keep accounts and report information
concerning towing services other than information that is necessary to permit
the commission to enforce the provisions of NRS 706.010 to 706.791, inclusive.

2. Except as otherwise provided in
subsection 3, the reports required by this section must be prepared for each
calendar year and submitted not later than May 15 of the year following the
year for which the report is submitted.

3. A motor carrier may, with the
permission of the commission, prepare the reports required by this section for
a year other than a calendar year which the commission specifies, and submit
them not later than a date specified by the commission in each year.

4. If the commission finds that necessary
information is not contained in a report submitted pursuant to this section, it
may call for the omitted information at any time.

Sec. 3. NRS 703.310 is
hereby amended to read as follows:

703.310 1. When a complaint
is made against any public utility, fully regulated carrier , [or]
broker of regulated services or operator of a tow car by
any person, that [any]:

(a) Any of the
rates, tolls, charges or schedules, or any joint rate or rates assessed by any public utility, fully regulated carrier or
broker of regulated services are in any respect unreasonable or unjustly
discriminatory [, or that any];

(b) Anyof the rates, tolls, charges or schedules, or any joint rate
or rates assessed by any operator of a tow car for towing services performed
without the prior consent of the owner of the vehicle or the person authorized
by the owner to operate the vehicle is unreasonable or unjustly discriminatory;

(c) Any of the provisions
of NRS 706.446 to 706.453, inclusive, and sections 10, 11 and 11.5 of this act
have been violated;

(d) Any regulation,
measurement, practice or act directly relating to the transportation of persons
or property, including the handling and storage of that property, or the
service of any broker in connection therewith, or any regulation, measurement,
practice or act affecting or relating to the production, transmission or
delivery or furnishing of heat, light, gas, coal slurry, water or power, or any
service in connection therewith or the transmission thereof is, in any respect,
unreasonable, insufficient or unjustly discriminatory [,
or that any]; or

(e) Any service is
inadequate,

the division of consumer relations of
the commission shall investigate the complaint. After receiving the
complaint, the division shall give a copy of it to the public utility, carrier , [or]
broker or operator of a tow car against whom the
complaint is made. Within a reasonable time thereafter, the public utility,
carrier , [or]
broker or operator of a tow car shall provide the
division with its written response to the complaint according to the
regulations of the commission.

2. If the division of consumer relations
is unable to resolve the complaint, the division shall transmit the complaint,
the results of its investigation and its recommendation to the commission. If
the commission determines that probable cause exists for the complaint, it
shall order a hearing thereof, give notice of the hearing and conduct the
hearing as it would any other hearing.

3. No order affecting a rate, toll,
charge, schedule, regulation, measurement, practice or act complained of may be
entered without a formal hearing unless the hearing is
dispensed with as provided in NRS 703.320.

formal hearing unless the hearing is dispensed with as
provided in NRS 703.320.

Sec. 4. NRS 703.320 is
hereby amended to read as follows:

703.320 1. When, in any
matter pending before the commission, a hearing is required by law, or is
normally required by the commission, the commission shall give notice of the
pendency of the matter to all persons entitled to notice of the hearing. The
commission shall by regulation specify:

(a) The manner of giving notice; and

(b) Where not specified by law, the persons
entitled to notice in each type of proceeding.

2. Unless, within 10 days after the date
of the notice of pendency, a person entitled to notice of the hearing files
with the commission a request that the hearing be held, the commission may
dispense with a hearing and act upon the matter pending.

3. If a request for a hearing is filed,
the commission shall give at least 10 days notice of the hearing.

4. If an operator
of a tow car files an application for a certificate of public convenience and
necessity or an application to transfer a certificate of public convenience and
necessity with the commission, the commission shall give notice pursuant to the
provisions of subsection 1.

Sec. 5. NRS 703.374 is
hereby amended to read as follows:

703.374 1. A court of
competent jurisdiction, after hearing, may issue an injunction suspending or
staying any final order of the commission if:

(a) The applicant has filed a motion for a
preliminary injunction;

(b) The applicant has served the motion on the
commission and other interested parties within 20 days after the rendition of
the order on which the complaint is based;

(c) The court finds there is a reasonable
likelihood that the applicant will prevail on the merits of the matter and will
suffer irreparable injury if injunctive relief is not granted; and

(d) The applicant files a bond or other
undertaking to secure the adverse parties in such manner as the court finds
sufficient.

2. The decision of the commission on each
matter considered shall be deemed reasonable and just until set aside by the
court, and in all actions for injunction or otherwise ,
the burden of proof is upon the party attacking or resisting the order of the
commission to show by clear and satisfactory evidence that the order is
unlawful, or unreasonable, as the case may be.

3. If an injunction is granted by the
court and the order complained of is one which permanently suspends a schedule
of rates and charges or a part thereof filed by any public utility pursuant to
NRS 704.070 to 704.110, inclusive, or by any fully regulated carrier or operator of a tow car pursuant to NRS 706.321 to
706.346, inclusive, or which otherwise prevents the schedule or any part
thereof from taking effect, the public utility , [or]carrier or operator of a tow car complaining may keep in effect
or put into effect, as the case may be, the suspended schedule or any part
thereof pending final determination by the court having jurisdiction, by filing
a bond with the court in such an amount as the court may fix, conditioned upon the refund to persons entitled to the excess amount if the
rate or rates so suspended are finally determined by the court to be excessive.

upon the refund to persons entitled to the excess amount if
the rate or rates so suspended are finally determined by the court to be
excessive.

Sec. 6. NRS 703.375 is
hereby amended to read as follows:

703.375 1. If a court
determines that the rate or rates considered by the commission are excessive,
and that the public utility , [or] fully regulated carrier or operator of a tow car has collected those excessive
rates, the public utility , [or] carrier or
operator of a tow car shall compute and refund the excess or overpayment
of the rate or rates pursuant to a plan approved by the commission:

(a) For public utilities, within 60 days after
the entry of the final judgment of the court.

(b) For carriers [,]or operators of tow cars, within 120 days after
the entry of the final judgment of the court.

2. The public utility , [or]
carrier or operator of a tow car shall prepare
and file with the commission a statement and report in affidavit form stating
that all money has been refunded according to the approved plan, and if there
are persons to whom payment has not or cannot be made, the names, addresses and
individual amounts of the refund must be listed in the report. The statement
and report must be filed with the commission:

(a) By the public utility within 90 days after
the entry of final judgment.

(b) By the carrier or
operator of a tow car within 150 days after the entry of final judgment.

The public utility , [and the] carrier or
operator of a tow car shall pay the aggregate amount of the unpaid
refunds to the commission.

3. The commission shall:

(a) Retain the aggregate refunds in the public
service commission regulatory fund subject to the claim of each person entitled
thereto for his share in the refund; and

(b) Pay all valid claims which are presented for
payment within 2 years after the date of the entry of final judgment of the
court.

All claimants must identify themselves to the satisfaction
of the commission before payment may be made.

4. Any person has a right of action
against the commission in the event of a refusal of the commission to pay his
claim if the persons name appears in the report filed by the public utility [or carrier.], carrier or operator of a tow car. This action against
the commission must be brought within 6 months after the refusal to pay the
claim.

5. The commission shall investigate every
case in which a claim is presented to it by a person claiming a refund [under]pursuant
to a plan submitted by a public utility , [or] carrier or
operator of a tow car which was approved by the commission. If the investigation
results in a refusal by the public utility , [or] carrier or
operator of a tow car to pay a valid claim, [then]
the claimant has a right of action against the public utility [or carrier.] ,
carrier or operator of a tow car.

6. Any unclaimed money which remains in
the custody of the commission at the expiration of the 2-year period escheats
to [the]this
state.

Sec. 7. Chapter 706 of NRS
is hereby amended by adding thereto the provisions set forth as sections 8 to
11.5, inclusive, of this act.

Sec. 8. Tilt bed includes the bed of a truck onto which a vehicle
may be hoisted and secured for transport.

Sec. 9. Towing services includes the process of towing a vehicle,
the storage of that vehicle, the storage of items found in that vehicle and the
process of preparing and satisfying any liens against that vehicle to which the
operator is entitled.

Sec. 10. The commission may not regulate the:

1. Geographical
area in which towing services are provided;

2. Types of towing
services that are provided; or

3. Rates and
charges assessed or the terms and conditions imposed for towing services
performed with the prior consent of the owner of the vehicle or the person
authorized by the owner to operate the vehicle,

by an operator of a tow car.

Sec. 11. 1. An operator of a tow car who is issued a
certificate of public convenience and necessity may transfer it to another
operator of a tow car qualified pursuant to the provisions of NRS 706.011 to
706.791, inclusive, but no such transfer is valid for any purpose until a joint
application to make the transfer is made to the commission by the transferor
and the transferee, and the commission has authorized the substitution of the
transferee for the transferor. No transfer of stock of a corporate operator of
a tow car subject to the jurisdiction of the commission is valid without the
prior approval of the commission if the effect of the transfer would be to
change the corporate control of the operator of a tow car or if a transfer of
15 percent or more of the common stock of the operator of a tow car is
proposed.

2. The commission
shall approve an application filed with it pursuant to subsection 1 if it
determines that the transferee:

(a) Complies with the
provisions of NRS 706.011 to 706.791, inclusive, and the regulations adopted by
the commission pursuant to those provisions;

(b) Uses equipment that
is in compliance with the regulations adopted by the commission;

(c) Has provided evidence
that he has filed with the commission a liability insurance policy, a
certificate of insurance or a bond of a surety and bonding company or other
surety required for every operator of a tow car pursuant to the provisions of
NRS 706.291; and

(d) Has provided evidence
that he has filed with the commission schedules and tariffs pursuant to NRS
706.321 which contain rates and charges and the terms and conditions that the
operator of the tow car requires to perform towing services without the prior
consent of the owner of the vehicle or the person authorized by the owner to
operate the vehicle which do not exceed the rates and charges that the
transferor was authorized to assess for the same services.

3. The commission
may hold a hearing concerning an application submitted pursuant to this section
only if:

(a) Upon the expiration
of the time fixed in the notice that an application for transfer of a
certificate of public convenience and necessity is pending, a petition to
intervene has been granted by the commission; or

(b) The commission finds
that after reviewing the information provided by the applicant and inspecting
the operations of the applicant, it cannot make a determination as to whether
the applicant has complied with the requirements of subsection 2.

4. The commission
shall not hold a hearing on an application submitted pursuant to this section
if the application is made to transfer the certificate of public convenience
and necessity from a natural person or partners to a corporation whose
controlling stockholders will be substantially the same person or partners.

5. The approval by
the commission of an application for transfer of a certificate of public
convenience and necessity of an operator of a tow car is not valid after the
expiration of the term for the transferred certificate.

Sec. 11.5. 1. Each operator of a tow car shall file its
charges for preparing or satisfying a lien to which the operator is entitled
against a vehicle that was towed without the prior consent of the owner of the
vehicle or the person authorized by the owner to operate the vehicle. The
commission may investigate any charge filed pursuant to this subsection and
revise the charge as necessary to ensure that the charge is reasonable.

2. An operator of
a tow car may not impose a charge or any part of a charge filed pursuant to
subsection 1 unless the operator:

(a) Has initiated the
procedure by which a person may satisfy a lien; and

(b) Stores the vehicle
for at least 96 hours.

3. If an operator
of a tow car stores a vehicle that was towed without the prior consent of the
owner of the vehicle or the person authorized by the owner to operate the
vehicle for at least 96 hours but not more than 336 hours, the operator may
charge an amount not to exceed 50 percent of the charge approved by the
commission pursuant to subsection 1 for preparing or satisfying a lien.

4. If an operator
of a tow car stores a vehicle that was towed without the prior consent of the
owner of the vehicle or the person authorized by the owner to operate the
vehicle for more than 336 hours, the operator may charge an amount not to
exceed 50 percent of the charge approved by the commission pursuant to
subsection 1 for preparing or satisfying a lien in addition to the amount
charged pursuant to subsection 3.

Sec. 12. NRS 706.011 is
hereby amended to read as follows:

706.011 As used in NRS [706.013]706.011
to 706.791, inclusive, and sections 8 to 11.5,
inclusive, of this act, unless the context otherwise requires, the words
and terms defined in NRS 706.013 to 706.146, inclusive, and
sections 8 and 9 of this act have the meanings ascribed to them in those
sections.

Sec. 13. NRS 706.051 is
hereby amended to read as follows:

706.051 Contract motor carrier means
any person or operator engaged in transportation by motor vehicle of passengers
or [property]household goods for compensation [under]pursuant
to continuing contracts with one person or a limited number of persons:

1. For the furnishing of transportation
services through the assignment of motor vehicles for a continuing period of
time to the exclusive use of each person served;

2. For the furnishing of transportation
services designed to meet the distinct need of each individual customer; and

3. Not operating as a common motor carrier of passengers or property.

Sec. 14. NRS 706.131 is
hereby amended to read as follows:

706.131 Tow car means a vehicle which
is designed or modified and equipped for and is used exclusively in the
business of towing or transporting disabled
vehicles by means of a crane, hoist, tow bar, towline ,
tilt bed or dolly, or is otherwise exclusively used to renderassistance to disabled vehicles or to tow any vehicle
which isbeing impounded by any law enforcement
agency, removed from any unauthorized parking area or which is otherwise
required to be transported by tow car at the request of the owner of [such]the
vehicle or any other authorized person.

Sec. 15. NRS 706.151 is
hereby amended to read as follows:

706.151 1. It is hereby
declared to be the purpose and policy of the legislature in enacting this
chapter:

(a) Except to the extent otherwise provided in
NRS 706.881 to 706.885, inclusive, to confer upon the commission the power and
to make it the duty of the commission to regulate fully regulated carriers , operators of tow cars and brokers of regulated
services to the extent provided in this chapter and to confer upon the
department the power to license all motor carriers and to make it the duty of
the department to enforce the provisions of this chapter and the regulations
adopted by the commission pursuant to it, to relieve the undue burdens on the
highways arising by reason of the use of the highways by vehicles in a gainful
occupation thereon.

(b) To provide for reasonable compensation for
the use of the highways in gainful occupations, and enable the State of Nevada,
by using license fees, to provide for the proper construction, maintenance and
repair thereof, and thereby protect the safety and welfare of the traveling and
shipping public in their use of the highways.

(c) To provide for fair and impartial
regulation, to promote safe, adequate, economical and efficient service and to foster sound economic conditions in motor
transportation.

(d) To encourage the establishment and
maintenance of reasonable charges for [intrastate]:

(1) Intrastate
transportation by fully regulated carriers ; and

(2) Towing
services performed without the prior consent of the owner of the vehicle or the
person authorized by the owner to operate the vehicle,

without unjust discriminations against or undue preferences
or advantages being given to any motor carrier or applicant for a certificate
of public convenience and necessity.

(e) To discourage any practices which would tend
to increase or create competition that may be detrimental to the traveling and
shipping public or the motor carrier business within this state.

2. All of the provisions of this chapter
must be administered and enforced with a view to carrying out the declaration
of policy contained in this section.

Sec. 16. NRS 706.156 is
hereby amended to read as follows:

706.156 1. All common and
contract motor carriers and brokers are hereby declared to be, to the extent
provided in this chapter:

2. [Fully
regulated carriers are subject to the regulation of rates, charges and services
by the commission.

3.] A
purchaser or broker of transportation services which are provided by a common
motor carrier who holds a certificate of public convenience and necessity may
resell those services, in combination with other services and facilities that
are not related to transportation, but only in a manner complying with the
scope of authority set forth in the certificate of the common motor carrier. The
commission shall not prohibit or restrict such a purchaser or broker from
reselling those transportation services to any person based upon that persons
affiliation, or lack of affiliation, with any group.

Sec. 17. NRS 706.166 is
hereby amended to read as follows:

706.166 The commission shall:

1. Subject to the limitation provided in
NRS 706.168 and to the extent provided in this chapter, supervise and regulate [every]:

(a) Every fully
regulated carrier and broker of regulated services in this state in all matters
directly related to those activities of the motor carrier and broker actually
necessary for the transportation of persons or property, including the handling
and storage of that property, over and along the highways.

(b) Every operator of a
tow car concerning the rates and charges assessed for towing services performed
without the prior consent of the operator of the vehicle or the person
authorized by the owner to operate the vehicle and pursuant to the provisions
of NRS 706.010 to 706.791, inclusive.

2. Cooperate with the department in its
issuance of permits by performing safety and operational investigations of all
persons applying for a permit from the department to transport radioactive
waste, and reporting its findings to the department.

3. Enforce the standards of safety
applicable to the employees, equipment, facilities and operations of those
common and contract carriers subject to the authority of
the commission or the department by:

(a) Providing training in safety;

(b) Reviewing and observing the programs or
inspections of the carrier relating to safety; and

(c) Conducting inspections relating to safety at
the operating terminals of the carrier.

4. To carry out the policies expressed in
NRS 706.151, adopt regulations providing for agreements between two or more
fully regulated carriers or two or more operators of tow
cars relating to:

(a) Fares [;

(b) Rates;]of fully regulated carriers;

(b) All rates of fully
regulated carriers and rates of operators of tow cars for towing services
performed without the prior consent of the owner of the vehicle or the person
authorized by the owner to operate the vehicle;

(f) [Charges,]All charges of fully regulated carriers and charges
of operators of tow cars for towing services performed without the prior
consent of the owner of the vehicle or the person authorized by the owner to
operate the vehicle, including charges between carriers and compensation
paid or received for the use of facilities and equipment.

These regulations may not provide for collective agreements
which restrain any party from taking free and independent action.

Sec. 18. NRS 706.169 is
hereby amended to read as follows:

706.169 The department shall:

1. Regulate the activities of common and
contract carriers of property other than fully regulated carriers [.]and
operators of tow cars.

2. Regulate the licensing of private
motor carriers of property used for private commercial enterprises on any
highway in this state.

Sec. 19. NRS 706.285 is
hereby amended to read as follows:

706.285 All advertising by [a]:

1. A fully
regulated carrier of intrastate commerce ; and

2. An operator of
a tow car,

must include the number of the certificate of public
convenience and necessity or contract carriers permit issued to him by the
commission.

Sec. 20. NRS 706.311 is
hereby amended to read as follows:

706.311 1. [Every]Except
as otherwise provided in subsection 2, every common and contract motor
carrieris required to furnish reasonably
adequate service and facilities , and all
transportation charges made by any such carrier [shall]must be just and reasonable.

2. Every operator
of a tow car is required to furnish reasonably adequate service and facilities,
and all charges assessed for towing services performed without the prior
consent of the owner of the vehicle or the person authorized by the owner to
operate the vehiclemust be just and reasonable.

3. Every
unjust and unreasonable charge for service by any such carrier or operator of a tow car is prohibited and [declared]shall
be deemed to be unlawful.

Sec. 21. NRS 706.321 is
hereby amended to read as follows:

706.321 1. [Every]Except
as otherwise provided in subsection 2, every common or contract motor
carrier shall file with the commission:

(a) Within a time to be fixed by the commission,
schedules and tariffs [which must be]that must:

(1) Be open
to public inspection [, showing]; and

(2) Include
all rates, fares and charges which the carrier has established and which are in
force at the time of filing for any service
performed in connection therewith by any carrier controlled and operated by it.

(b) As a part of that schedule, all regulations of the carrier that in any manner affect the rates or
fares charged or to be charged for any service [.]and all regulations of the carrier that the carrier has
adopted to comply with the provisions of NRS 706.010 to 706.791, inclusive.

(a) Within a time to be
fixed by the commission, schedules and tariffs that must:

(1) Be open to
public inspection; and

(2) Include all
rates and charges for towing services performed without the prior consent of
the owner of the vehicle or the person authorized by the owner to operate the
vehicle which the operator has established and which are in force at the time
of filing.

(b) As a part of that
schedule, all regulations of the operator of the tow car which in any manner
affect the rates charged or to be charged for towing services performed without
the prior consent of the owner of the vehicle or the person authorized by the
owner to operate the vehicle and all regulations of the operator of the tow car
that the operator has adopted to comply with the provisions of NRS 706.010 to
706.791, inclusive.

3. No
changes may be made in any schedule, including schedules of joint rates, or in
the regulations affecting any rates or charges, except upon 30 days notice to
the commission, and all those changes must be plainly indicated on any new
schedules filed in lieu thereof 30 days before the time they are to take
effect. The commission, upon application of any carrier, may prescribe a
shorter time within which changes may be made. The 30 days notice is not
applicable when the carrier gives written notice to the commission 10 days
before the effective date of its participation in a tariff bureaus rates and
tariffs, provided the rates and tariffs have been previously filed with and
approved by the commission.

[3.]4. The commission may at any time, upon
its own motion, investigate any of the rates, fares, charges, regulations,
practices and services [,]filed pursuant to this section and,after hearing, by order, make such changes as may be
just and reasonable.

[4.]5. The commission may dispense with the
hearing on any change requested in rates, fares, charges, regulations,
practices or service [.

5.]filed pursuant to this section.

6. All
rates, fares, charges, classifications and joint rates, regulations, practices
and services fixed by the commission are in force, and are prima facie lawful,
from the date of the order until changed or modified by the commission, or
pursuant to NRS 703.373 to 703.376, inclusive.

[6.]7. All regulations, practices and service prescribed
by the commission must be enforced and are prima facie reasonable unless
suspended or found otherwise in an action brought for the purpose, pursuant to
the provisions of NRS 703.373 to 703.376, inclusive, or until changed or
modified by the commission itself upon satisfactory showing made.

Sec. 22. NRS 706.323 is
hereby amended to read as follows:

706.323 1. Except as otherwise provided in subsection 2, the commission may
not investigate, suspend, revise or revoke any rate that
is subject to the approval of the commission pursuant to NRS 706.321 and proposed
by a common motor carrier or contract motor carrier because the rate is too
high or too low and therefore unreasonable if:

(a) The motor carrier notifies the commission
that it wishes to have the rate reviewed by the commission pursuant to this
subsection; and

(b) The rate resulting from all increases or
decreases within 1 year is not more than 10 percent above or 10 percent below
the rate in effect 1 year before the effective date of the proposed rate.

2. This section does not limit the
commissions authority to investigate, suspend, revise or revoke a proposed
rate if the rate would violate the provisions of NRS 706.151.

Sec. 23. NRS 706.326 is
hereby amended to read as follows:

706.326 1. Whenever there is
filed with the commission pursuant to NRS 706.321 any
schedule or tariff stating a new or revised individual or joint rate, fare or charge,
or any new or revised individual or joint regulation or practice affecting any
rate, fare or charge, or any schedule or tariff resulting in a discontinuance,
modification or restriction of service, the commission may [enter upon]commence an investigation or, upon reasonable notice, [enter upon]hold a hearing concerning the propriety of the rate,
fare, charge, classification, regulation, discontinuance, modification,
restriction or practice.

2. Pending the investigation or hearing
and the decision thereon, the commission, upon delivering to the common or
contract motor carrier affected thereby a statement in writing of its reasons
for the suspension, may suspend the operation of the schedule or tariff and
defer the use of the rate, fare, charge, classification, regulation,
discontinuance, modification, restriction or practice, but not for a longer
period than 150 days beyond the time when the rate, fare, charge,
classification, regulation, discontinuance, modification, restriction or
practice would otherwise go into effect.

3. After full investigation or hearing,
whether completed before or after the date upon which the rate, fare, charge,
classification, regulation, discontinuance, modification, restriction or
practice is to go into effect, the commission may make such order in reference
to the rate, fare, charge, classification, regulation, discontinuance,
modification, restriction or practice as would be proper in a proceeding
initiated after the rate, fare, charge, classification, regulation,
discontinuance, modification, restriction or practice has become effective.

4. The commission shall determine whether
it is necessary to hold a hearing [shall be held]to consider the
proposed change in any schedule stating a new or revised individual or joint
rate, fare or charge. In making that determination ,
the commission shall consider all timely written protests, any presentation the
staff of the commission may desire to present, the application and any other
matters deemed relevant by the commission.

Sec. 24. NRS 706.331 is
hereby amended to read as follows:

706.331 1. If, after due
investigation and hearing, any authorized rates, tolls, fares, charges,
schedules, tariffs, joint rates or any regulation, measurement, practice, act
or service that is subject to the approval of the
commission is complained of and is found to
be unjust, unreasonable, insufficient, preferential, unjustly discriminatory or
otherwise in violation of the provisions of this chapter, or if it is found
that the service is inadequate, or that any reasonable service cannot be
obtained, the commission may substitute therefor such other rates, tolls,
fares, charges, tariffs, schedules or regulations, measurements, practices,
service or acts and make an order relating thereto as may be just and
reasonable.

2. When complaint is made of more than
one matter, the commission may order separate hearings upon the several matters
complained of at such times and places as it may prescribe.

3. No complaint may at any time be
dismissed because of the absence of direct damage to the complainant.

4. The commission may at any time, upon
its own motion, investigate any of the matters listed in subsection 1, and,
after a full hearing ,[as
above provided,] by order, make such changes as may be just and
reasonable, the same as if a formal complaint had been made.

Sec. 25. NRS 706.341 is
hereby amended to read as follows:

706.341 [No]

1. An operator of
a tow car shall, in the manner prescribed by the commission, notify the
commission if the operator discontinues providing towing services from an
operating terminal or establishes a new operating terminal from which a tow car
provides towing services within 30 days after the operator discontinues
providing towing services from an operating terminal or commences operations at
the new terminal.

2. A common
motor carrier , other than an operator of a tow car, authorized
to operate by NRS 706.011 to 706.791, inclusive, shall not
discontinue any service established [under]pursuant to the provisions of NRS 706.011 to
706.791, inclusive, and all other laws relating thereto and made applicable
thereto by NRS 706.011 to 706.791, inclusive, without an order of the
commission granted only after public notice or hearing in the event of protest.

Sec. 26. NRS 706.346 is
hereby amended to read as follows:

706.346 1. [A]Except
as otherwise provided in subsection 3, a copy, or so much of the
schedule or tariff as the commission determines necessary for the use of the
public, [shall]must be printed in plain type and posted in every
office of a common motor carrier where payments are made by customers or users,
open to the public, in such form and place as to be readily accessible to the
public and conveniently inspected.

2. [When]Except as otherwise provided in subsection 3, when
a schedule or tariff of joint rates or charges is or may be in force between
two or more [of such]common motor carriers or between any such carrier and a
public utility, [such]the schedule or tariff [shall]must be printed and posted in [like manner.]the
manner prescribed in subsection 1.

3. Only the rates
for towing services performed without the prior consent of the owner of the
vehicle or the person authorized by the owner to operate the vehicle must be
printed and posted by an operator of a tow car pursuant to subsections 1 and 2.

Sec. 27. NRS 706.386 is
hereby amended to read as follows:

706.386 It is unlawful, except as otherwise provided in NRS 373.117 , 706.446, 706.453 and 706.745, for any fully regulated
common motor carrier to operate as a carrier of intrastate commerce and any operator of a tow car to perform towing services within
this state without first obtaining a certificate of public convenience and
necessity from the commission.

Sec. 28. NRS 706.391 is
hereby amended to read as follows:

706.391 1. Upon the filing
of an application for a certificate of public convenience and necessity to
operate as a motor carrier [,]other than an operator of a tow
car, the commission shall fix a time and place for hearing thereon.

operator of a tow car, the
commission shall fix a time and place for hearing thereon.

2. The commission shall issue such a
certificate if it finds that:

(a) The applicant is fit, willing and able to
perform the services of a common motor carrier;

(b) The proposed operation will be consistent
with the legislative policies set forth in NRS 706.151;

(c) The granting of the certificate will not
unreasonably and adversely affect other carriers operating in the territory for
which the certificate is sought; and

(d) The proposed service will benefit the
traveling and shipping public and the motor carrier business in this state.

3. The commission shall not find that the
potential creation of competition in a territory which may be caused by the
granting of a certificate, by itself, will unreasonably and adversely affect
other carriers operating in the territory for the purposes of paragraph (c) of
subsection 2.

4. An applicant for such a certificate
has the burden of proving to the commission that the proposed operation will
meet the requirements of subsection 2.

5. The commission may issue a certificate
of public convenience and necessity to operate as a common motor carrier or
issue it for:

(a) The exercise of the privilege sought.

(b) The partial exercise of the privilege
sought.

6. The commission may attach to the
certificate such terms and conditions as, in its judgment, the public interest
may require.

7. The commission may dispense with the
hearing on the application if, upon the expiration of the time fixed in the
notice thereof, no petition to intervene has been filed on behalf of any person
who has filed a protest against the granting of the certificate.

Sec. 29. NRS 706.437 is
hereby amended to read as follows:

706.437 1. A common carrier
of property, other than a carrier of household goods [,]or an operator of a tow car, shall not
operate as a carrier in intrastate commerce without first obtaining written
approval from the department.

2. In addition to obtaining written
approval pursuant to subsection 1, a carrier seeking to transport radioactive
waste shall also obtain from the department the specific permits that are
otherwise required to transport such waste.

Sec. 30. NRS 706.446 is
hereby amended to read as follows:

706.446 [1. Any
person who was engaged in the transportation of vehicles by the use of a tow
car with an unladen weight of less than 9,000 pounds, on or before January 1,
1971, and who held himself out for hire for such towing, must be granted a
certificate of public convenience and necessity if an application therefor:

(a) Is made within 90
days after July 1, 1971;

(b) Is accompanied by a
filing fee of $25; and

(c) Contains satisfactory
evidence of a lawful nature and scope of the applicants operation existing on
or before January 1, 1971.

2. Before issuing
any certificate of public convenience and necessity for the transportation of
vehicles by tow car, the commission shall set the rate levels and storage charges
under which such operation may be conducted, but the commission is not
precluded from establishing rate areas.

3. When issued, a
certificate of public convenience and necessity must authorize the recipient to
operate within the territory which the applicant substantiates by documentation
between January 1, 1968, and January 1, 1971.

4. Any person who
on July 1, 1971, holds a valid certificate of public convenience and necessity
issued by the commission for the operation of a tow car with an unladen weight
of 9,000 pounds or more must be granted the authority to operate a tow car with
an unladen weight of less than 9,000 pounds within the territory substantiated
pursuant to subsection 3, but in no event less than the territory set forth in
such certificate of public convenience and necessity.

5.] The
provisions of this chapter do not require an operator of a tow car who provides
towing for a licensed motor club regulated pursuant to chapter 696A of NRS to
obtain a certificate of public convenience and necessity or to comply with the
regulations or rates adopted by the commission to provide that towing.

Sec. 31. NRS 706.4463 is
hereby amended to read as follows:

706.4463 1. In addition to
the other requirements of this chapter, each operator of a tow car shall, to
protect the health, safety and welfare of the public:

(a) Obtain a certificate of [operation]public convenience and necessity from the commission
before he provides any services other than those services which he provides as
a private motor carrier of property pursuant to the provisions of this chapter;

(b) Use a tow car of sufficient size and weight
which is appropriately equipped to transport safely the vehicle which is being
towed; and

(c) Comply with the [other
requirements]provisions of
NRS [706.153 and 706.4463 to 706.4479, inclusive.]706.011 to 706.791, inclusive.

2. A person who
wishes to obtain a certificate of public convenience and necessity to operate a
tow car must file an application with the commission.

3. The
commission shall issue a certificate of [operation]public convenience and necessity to an
operator of a tow car if it determines that the applicant:

(a) Complies with the requirements of paragraphs (b) and (c) of subsection 1;

(b) Complies with the requirements of the
regulations adopted by the commission pursuant to the provisions of this
chapter; [and]

(c) Has provided evidence that he has filed with
the commission a liability insurance policy, a certificate of insurance or a
bond of a surety and bonding company or other surety required for every operator
of a tow car pursuant to the provisions of NRS 706.291 [.]; and

(d) Has provided evidence
that he has filed with the commission schedules and tariffs pursuant to
subsection 2 of NRS 706.321.

4. An applicant
for a certificate has the burden of proving to the commission that the proposed
operation will meet the requirements of subsection 3.

5. The commission
may hold a hearing to determine whether an applicant is entitled to a
certificate only if:

(a) Upon the expiration
of the time fixed in the notice that an application for a certificate of public
convenience and necessity is pending, a petition to intervene has been granted
by the commission; or

(b) The commission finds
that after reviewing the information provided by the applicant and inspecting
the operations of the applicant, it cannot make a determination as to whether
the applicant has complied with the requirements of subsection 3.

Sec. 32. NRS 706.4483 is
hereby amended to read as follows:

706.4483 1. The commission
shall act upon complaints regarding the failure of an operator of a tow car to comply with the provisions of NRS [706.153 and 706.4463 to 706.4485,]706.011 to 706.791, inclusive.

2. In addition to any other remedies that
may be available to the commission to act upon complaints, the commission may
order the release of towed motor vehicles, cargo or personal property upon such
terms and conditions as the commission determines to be appropriate.

Sec. 33. NRS 706.4485 is
hereby amended to read as follows:

706.4485 A law enforcement agency that
maintains and [utilizes]uses a list of operators of tow cars which are called
by that agency to provide towing shall not include an operator of a tow car on the list unless he:

1. Holds a certificate [to provide towing]of public convenience and necessity issued by the
commission.

2. [Agrees
to comply]Complies with all
applicable provisions of chapters 482, 484 and 706 of NRS.

3. Agrees to respond in a timely manner
to requests for towing made by the agency.

4. Maintains adequate, accessible and
secure storage within the State of Nevada for any vehicle that is towed.

5. [Meets
such other standards as]Complies with all
standards the law enforcement agency may adopt to protect the health,
safety and welfare of the public.

6. Assesses only
rates and charges that have been approved by the commission for towing services
performed without the prior consent of the owner of the vehicle or the person
authorized by the owner to operate the vehicle.

7. The commission
shall not require that an operator of a tow car charge the same rate to law
enforcement agencies for towing services performed without the prior consent of
the owner of the vehicle or the person authorized by the owner to operate the
vehicle that the operator charges to other persons for such services.

Sec. 34. NRS 706.453 is
hereby amended to read as follows:

706.453 The provisions of NRS [706.153, 706.4463 to 706.4485, inclusive, 706.449 and]706.446 to 706.451 ,
inclusive, and sections 10, 11 and 11.5 of this act do not apply to
automobile wreckers who are licensed pursuant to chapter 487 of NRS.

1. A complaint has been filed with the
commission alleging that any vehicle is being operated without a certificate of
public convenience and necessity or contract carriers permit as required by
NRS 706.011 to 706.791, inclusive; or

2. The commission has reason to believe
that any:

(a) Person is advertising to provide [the]:

(1) The
services of a fully regulated carrier in intrastate commerce ; or

(2) Towing
services,

without including the number of his certificate of public
convenience and necessity or permit in each advertisement; or

(b) Provision of NRS 706.011 to 706.791,
inclusive, is being violated,

the commission shall investigate the operations or
advertising and may, after a hearing, order the owner or operator of the
vehicle or the person advertising to cease and desist from any operation or
advertising in violation of NRS 706.011 to 706.791, inclusive. The commission
shall enforce compliance with the order [under]pursuant to the powers vested in the
commission by NRS 706.011 to 706.791, inclusive, or by other law.

Sec. 36. NRS 706.6411 is
hereby amended to read as follows:

706.6411 1. All motor
carriers [coming within the terms of], other than operators of tow cars, regulated pursuant
to NRS 706.011 to 706.791, inclusive, to whom the certificates, permits
and licenses provided by NRS 706.011 to 706.791, inclusive, have been issued
may transfer them to another carrier , other than an
operator of a tow car, qualified [under]pursuant to NRS 706.011 to 706.791,
inclusive, but no such transfer is valid for any purpose until a joint
application to make the transfer has been made to the commission by the
transferor and the transferee, and the commission has authorized the
substitution of the transferee for the transferor. No transfer of stock of a
corporate motor carrier [under]subject to the jurisdiction of the commission is valid
without the commissions prior approval if the effect of the transfer would be
to change the corporate control of the carrier or if a transfer of 15 percent
or more of the common stock of the carrier is proposed.

2. Except as otherwise provided in
subsection 3, the commission shall fix a time and place for a hearing to be
held unless the application is made to transfer the certificate from a natural
person or partners to a corporation whose controlling stockholders will be
substantially the same person or partners, and may hold a hearing to consider
such an application.

3. The commission may also dispense with
the hearing on the joint application to transfer if, upon the expiration of the
time fixed in the notice thereof, no protest against the transfer of the
certificate or permit has been filed by or in behalf of any interested person.

4. In determining whether or not the
transfer of a certificate of public convenience and necessity or a permit to
act as a contract motor carrier should be
authorized, the commission shall consider:

(a) The service which has been performed by the
transferor and that which may be performed by the transferee.

(b) Other authorized facilities for
transportation in the territory for which the transfer is sought.

(c) Whether or not the transferee is fit,
willing and able to perform the services of a common or contract motor carrier by vehicle and whether or not the
proposed operation would be consistent with the legislative policy set forth in
NRS 706.151.

5. Upon [such]
a transfer [,]made pursuant to this section, the commission may make
such amendments, restrictions or modifications in a certificate or permit as
the public interest may require.

6. No transfer is valid beyond the life
of the certificate, permit or license transferred.

(a) The transportation by a contractor licensed
by the state contractors board of his own equipment in his own vehicles from
job to job.

(b) Any person engaged in transporting his own
personal effects in his own vehicle, but the provisions of this subsection do
not apply to any person engaged in transportation by vehicle of property sold
or to be sold, or used by him in the furtherance of any commercial enterprise
other than as provided in paragraph (d), or to the carriage of any property for
compensation.

(c) Special mobile equipment.

(d) The vehicle of any person, when that vehicle
is being used in the production of motion pictures, including films to be shown
in theaters and on television, industrial training and educational films,
commercials for television and video discs and tapes.

(e) A private motor carrier of property which is
used for any convention, show, exhibition, sporting event, carnival, circus or
organized recreational activity.

(f) A private motor carrier of property which is
used to attend livestock shows and sales.

2. Unless exempted by a specific state statute
or a specific federal statute, regulation or rule, any person referred to in
subsection 1 is subject to:

(b) All rules and regulations adopted by
reference pursuant to paragraph (b) of subsection
[2]1
of NRS 706.171 concerning the safety of drivers and vehicles.

(c) All standards adopted by regulation pursuant
to NRS 706.173.

3. The provisions of NRS 706.311 to
706.453, inclusive, 706.471, 706.473, 706.475 and 706.6411 and sections 10, 11 and 11.5 of this act which
authorize the commission to issue :

(a) Except as otherwise
provided in paragraph (b), certificates of public convenience and
necessity and contract carriers permits and to regulate rates, routes and
services apply only to fully regulated carriers.

(b) Certificates of
public convenience and necessity to operators of tow cars and to regulate rates
for towing services performed without the prior consent of the owner of the
vehicle or the person authorized by the owner to operate the vehicle apply to
operators of tow cars.

4. Any person who operates [under]pursuant
to a claim of an exemption provided by this section but who is found to
be operating in a manner not covered by any of those exemptions immediately
becomes liable, in addition to any other penalties provided in this chapter,
for the fee appropriate to his actual operation as prescribed in this chapter,
computed from the date when that operation began.

(a) Operates a vehicle or causes it to be
operated in any carriage to which the provisions of NRS 706.011 to 706.861,
inclusive, apply without first obtaining a certificate, permit or license, or
in violation of the terms thereof;

(b) Fails to make any return or report required
by the provisions of NRS 706.011 to 706.861, inclusive, or by the commission or
the department pursuant to the provisions of NRS 706.011 to 706.861, inclusive;

(c) Violates, or procures, aids or abets the violating
of, any provision of NRS 706.011 to 706.861, inclusive;

(d) Fails to obey any order, decision or
regulation of the commission or the department;

(e) Procures, aids or abets any person in his
failure to obey such an order, decision or regulation [;]of the commission or the department;

(f) Advertises, solicits, proffers bids or
otherwise holds himself out to perform transportation as a common or contract
carrier in violation of any of the provisions of NRS 706.011 to 706.861,
inclusive;

(g) Advertises as providing [the]:

(1) The
services of a fully regulated carrier ; or

(2) Towing
services,

without including the number of his certificate of public
convenience and necessity or contract carriers permit in each advertisement;

(h) Knowingly offers, gives, solicits or accepts
any rebate, concession or discrimination in violation of the provisions of this
chapter;

(i) Knowingly, willfully and fraudulently seeks
to evade or defeat the purposes of this chapter;

(j) Operates or causes to be operated a vehicle
which does not have the proper identifying device;

(k) Displays or causes or permits to be
displayed a certificate, permit, license or identifying device, knowing it to
be fictitious or to have been canceled, revoked, suspended or altered;

(l) Lends or knowingly permits the use of by one
not entitled thereto any certificate, permit, license or identifying device
issued to the person so lending or permitting the use thereof; or

(m) Refuses or fails to surrender to the
commission or department any certificate, permit, license or identifying device
which has been suspended, canceled or revoked pursuant to the provisions of
this chapter, is guilty of a misdemeanor, and upon
conviction thereof shall be punished by a fine of not less than $100 nor more
than $1,000, or by imprisonment in the county jail for not more than 6 months,
or by both fine and imprisonment.

is guilty of a misdemeanor, and upon conviction thereof
shall be punished by a fine of not less than $100 nor more than $1,000, or by
imprisonment in the county jail for not more than 6 months, or by both fine and
imprisonment.

2. A person convicted of a misdemeanor
for a violation of the provisions of NRS 706.386 or 706.421 shall be punished:

(a) For the first offense by a fine of not less
than $500 nor more than $1,000;

(b) For a second offense within 12 consecutive
months and each subsequent offense by a fine of $1,000; or

(c) For any offense, by imprisonment in the
county jail for not more than 6 months, or by both the prescribed fine and
imprisonment.

3. The fines provided in this section are
mandatory and must not be reduced under any circumstances by the court.

4. Any bail allowed must not be less than
the appropriate fine provided for by this section.

Sec. 39. NRS 706.761 is
hereby amended to read as follows:

706.761 1. Any agent or
person in charge of the books, accounts, records, minutes or papers of any
private, common or contract motor carrier [of
passengers or household goods] or broker of any of these services
who refuses or fails for a period of 30 days to furnish the commission or
department with any report required by either or who fails or refuses to permit
any person authorized by the commission or department to inspect such books,
accounts, records, minutes or papers on behalf of the commission or department
is liable to a penalty in a sum of not less than $300 nor more than $500. The
penalty may be recovered in a civil action upon the complaint of the commission
or department in any court of competent jurisdiction.

2. Each days refusal or failure is a
separate offense, and is subject to the penalty prescribed in this section.

Sec. 40. NRS 706.766 is
hereby amended to read as follows:

706.766 1. It is unlawful
for any fully regulated carrier or operator of a tow car
to charge, demand, collect or receive a greater or less compensation for
any service performed by it within [the]this state or for any service in connection
therewith than is specified in its fare, rates, joint rates, charges or rules
and regulations on file with the commission, or to demand, collect or receive
any fare, rate or charge not specified. The rates, tolls and charges named
therein are the lawful rates, tolls and charges until they are changed as
provided in this chapter.

2. It is unlawful for any fully regulated
carrier or operator of a tow car to grant any
rebate, concession or special privilege to any person which, directly or
indirectly, has or may have the effect of changing the rates, tolls, charges or
payments.

3. Any violation of the provisions of
this section subjects the violator to the penalty prescribed in NRS 706.761.

(c) Operator of a tow
car; or [other person who transports or
stores household goods,]

(d)Other person,

or any agent or employee thereof, who violates any provision
of this chapter, any lawful regulation of the commission or any lawful tariff
on file with the commission or who fails, neglects or refuses to obey any
lawful order of the commission or any court order for whose violation a civil
penalty is not otherwise prescribed is liable to a penalty of not more than
$10,000 for any violation. The penalty may be recovered in a civil action upon
the complaint of the commission in any court of competent jurisdiction.

2. If the commission does not bring an
action to recover the penalty prescribed by subsection 1, the commission may
impose an administrative fine of not more than $10,000 for any violation of a
provision of this chapter or any rule, regulation or order adopted or issued by
the commission or department pursuant to the provisions of this chapter. A fine
imposed by the commission may be recovered by the commission only after notice
is given and a hearing is held pursuant to the provisions of chapter 233B of
NRS.

3. All administrative fines imposed and
collected by the commission pursuant to subsection 2 are payable to the state
treasurer and must be credited to a separate account to be used by the
commission to enforce the provisions of this chapter.

4. A penalty or fine recovered pursuant
to this section is not a cost of service for purposes of rate making.

Sec. 44. 1. The
public service commission of Nevada shall, on or before October 1, 1997, issue
a certificate of public convenience and necessity to any operator of a tow car:

(a) To whom a certificate of:

(1) Public convenience and necessity was
issued before July 1, 1995; or

(2) Operation was issued before July 1,
1997; and

(b) Who, according to the records of the
commission, is in compliance with the provisions of NRS 706.011 to 706.791,
inclusive.

2. The certificates issued by the
commission pursuant to subsection 1 must indicate the same number as the number
of the certificate of public convenience and necessity or certificate of
operation that was previously issued to the applicant, unless the commission
has issued that number to another person.

Sec. 45. 1.An
operator of a tow car who is entitled to the issuance of a certificate of
public convenience and necessity pursuant to section 44 of this act shall not
assess rates or charges for towing services performed without
the prior consent of the owner of the vehicle or the person authorized by the
owner to operate the vehicle that are more than:

without the prior consent of the owner of the vehicle or the
person authorized by the owner to operate the vehicle that are more than:

(a) The rates and charges that the operator of
the tow car assessed for the same services on May 31, 1997; or

(b) The average of the rates and charges that
were assessed on May 31, 1997, by operators of tow cars in the geographical
area served by the operator, as determined by the commission,

whichever is greater, unless the operator files with the
public service commission of Nevada the rates and charges assessed by him and
the commission determines that the rates and charges are appropriate pursuant
to subsection 4.

2. On or before October 1, 1997,
an operator of a tow car who is entitled to the issuance of a certificate of
public convenience and necessity pursuant to section 44 of this act shall file
with the commission schedules and tariffs, showing:

(a) The rates and charges and the terms and
conditions that the operator requires to perform towing services without the
prior consent of the owner of the vehicle or the person authorized by the owner
to operate the vehicle.

(b) The address of the facilities used by the
operator to operate his business.

(c) A description of the geographic area served
by the operator.

(d) The policies and procedures adopted by the
operator to ensure that his operations are in compliance with NRS 706.011 to
706.791, inclusive.

3. The commission shall, subject to the
provisions of subsection 6, approve the rates and charges filed pursuant to
subsection 2 if the rates and charges are less than or equal to:

(a) The rates and charges that the operator
assessed for the same services on May 31, 1997; or

(b) The average of the rates and charges that
were assessed on May 31, 1997, by operators of tow cars in the geographical
area served by the operator, as determined by the commission.

4. If the rates and charges filed
pursuant to subsection 2 are more than:

(a) The rates and charges that the operator
assessed for the same services on May 31, 1997; or

(b) The average of the rates and charges that
were assessed on May 31, 1997, by operators of tow cars in the geographical
area served by the operator, as determined by the commission,

whichever is greater, the commission shall determine whether
the rates and charges are appropriate and may suspend the rates and charges
pursuant to the provisions of NRS 706.321 to 706.331, inclusive.

5. If the commission suspends the rates
or charges assessed by an operator for his services, the operator may, during
the suspension, charge rates or charges that are less than or equal to:

(a) The rates or charges that the operator
assessed for those services on May 31, 1997; or

(b) The average of the rates and charges that
were assessed on May 31, 1997, by operators of tow cars in the geographical
area served by the operator, as determined by the commission.

6. Except as otherwise provided in this
subsection, the commission may investigate or order changes to a rate or charge
filed by the operator pursuant to subsection 2 if the commission reasonably
believes that the assessment of the rate or charge would violate the provisions
of NRS 706.151. The commission shall not investigate or change a rate or charge
for:

(a) A service other than storage, unless the
rate or charge assessed by the operator for a service other than storage on May
31, 1997, exceeds by more than 15 percent the average rate or charges being
assessed for such services by operators of tow cars in the geographical area
served by the operator, as determined by the commission; or

(b) Storage, unless the rate or charge assessed
by the operator for storage on May 31, 1997, exceeds by more than 20 percent
the average rate or charges being assessed for such services by operators of
tow cars in the geographical area served by the operator, as determined by the
commission.

7. An operator who is required to file
rates and charges pursuant to subsection 2 may not request the commission to
review a rate or charge pursuant to NRS 706.323 that would become effective
before June 1, 1998.

Sec. 46. The amendatory
provisions of this act do not apply to offenses that are committed before July
1, 1997.

Sec. 47. The provisions of
subsection 1 of NRS 354.599 do not apply to any additional expenses of a local
government that are related to the provisions of this act.

Sec. 48. 1. This
section, sections 1 to 29, inclusive, and 31 to 47, inclusive, of this act
become effective on July 1, 1997.

2. Section 30 of this act becomes
effective at 12:01 a.m. on July 1, 1997.

________

κ1997
Statutes of Nevada, Page 2686κ

CHAPTER 556, SB 458

Senate Bill No. 458Senator Porter

CHAPTER 556

AN ACT relating to construction; requiring
contractors to provide certain notices; providing a penalty for making a false
statement in recording a lien under certain circumstances; increasing the
amount of certain bonds; limiting persons who may file certain liens on
residential property; shortening the period for filing certain liens; making
various other changes concerning contractors and liens; authorizing the
creation of an advisory committee to study fraud among contractors; and
providing other matters properly relating thereto.

[Approved July 16, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 624 of NRS
is hereby amended by adding thereto the provisions set forth as sections 2 and
3 of this act.

Sec. 2. A general building contractor shall provide in writing to the
owner of a single-family residence with whom he has contracted:

1. The name,
license number, business address and telephone number of:

(a) All subcontractors
with whom he has contracted on the project; and

(b) All persons who
furnish material of the value of $500 or more to be used in the project.

2. A notice that a
person described in subsection 1 may record a notice of lien upon the residence
of the owner and any building, structure and improvement thereon pursuant to
the provisions of NRS 108.226.

3. An
informational form, whose contents must be prescribed by the board, regarding:

(a) Designate one or more
of its employees for the investigation of constructional fraud;

(b) Cooperate with other
local, state or federal investigative and law enforcement agencies, and the
attorney general;

(c) Assist the attorney
general or any official of an investigative or a law enforcement agency of this
state, any other state or the Federal Government who requests assistance in
investigating any act of constructional fraud; and

(d) Furnish to those
officials any information, not otherwise confidential, concerning its
investigation or report on any act of constructional fraud.

2. For the
purposes of this section, constructional fraud occurs if a person engaged in
construction knowingly:

(a) Misapplies money
under the circumstances described in NRS 205.310;

(b) Obtains money,
property or labor by false pretense as described in NRS 205.380;

(c) Receives payments and
fails to state his own true name, or states a false name, address or telephone
number of the person offering a service; or

(d) Otherwise fails to
disclose a material fact.

Sec. 4. NRS 624.100 is
hereby amended to read as follows:

624.100 1. The
board may appoint such committees and make such reasonable bylaws , [and]
rules of procedure and regulations as are
necessary to carry out the provisions of this chapter.

2. The board may
establish advisory committees composed of its members or employees, homeowners,
contractors or other qualified persons to provide assistance with respect to
fraud in construction, or in any other area that the board considers necessary.

3. If the board
establishes an advisory committee, the board shall:

(a) Select five members
for the committee from a list of volunteers approved by the board; and

(b) Adopt rules of
procedure for informal conferences of the committee.

4. If the board
establishes an advisory committee, the members:

(a) Serve at the pleasure
of the board.

(b) Serve without
compensation, but must be reimbursed for travel expenses necessarily incurred
in the performance of their duties. The rate must not exceed the rate provided
for state officers and employees generally.

(c) Shall provide a
written summary report to the board, within 15 days after the final informal conference
of the committee, that includes recommendations with respect to actions that
are necessary to reduce and prevent the occurrence of fraud in construction, or
on such other issues as requested by the board.

5. The board is
not bound by any recommendation made by an advisory committee.

Sec. 5. NRS 624.160 is
hereby amended to read as follows:

624.160 1. The
board is vested with all of the functions and duties relating to the
administration of this chapter.

2. The board
shall:

(a) Carry out a program
of education for customers of contractors.

(b) Maintain and make
known a telephone number for the public to obtain information about
self-protection from fraud in construction and other information concerning
contractors and contracting.

3. The board may
provide advisory opinions and take other actions that are necessary for the
effective administration of this chapter and the regulations of the board.

Sec. 6. NRS 624.215 is
hereby amended to read as follows:

624.215 1. For the purpose
of classification, the contracting business includes the following branches:

(a) General engineering contracting.

(b) General building contracting.

(c) Specialty contracting.

General engineering contracting and general building
contracting are mutually exclusive branches.

2. A general engineering contractor is a
contractor whose principal contracting business is in connection with fixed
works, including irrigation, drainage, water supply, water power, flood
control, harbors, railroads, highways, tunnels, airports and airways, sewers
and sewage disposal systems, bridges, inland waterways, pipelines for
transmission of petroleum and other liquid or gaseous substances, refineries,
chemical plants and industrial plants requiring a specialized engineering
knowledge and skill, power plants, piers and foundations and structures or work
incidental thereto.

3. A general building contractor is a
contractor whose principal contracting business is in connection with [any structures built, being built, or to be built,]the construction or remodeling of buildings or
structures for the support, shelter and enclosure of persons, animals,
chattels or movable property of any kind, requiring in [its]their construction the use of more than two
unrelated building trades or crafts, [or to do or
superintend the whole or any part thereof.]upon which he is a prime contractor and where the construction
or remodeling of a building is the primary purpose. Unless he holds the
appropriate specialty license, a general building contractor may only contract
to perform specialty contracting if he is a prime contractor on a project. A general
building contractor shall not perform specialty contracting in plumbing,
electrical, refrigeration and air conditioning or fire protection without a
license for the specialty. A person who exclusively constructs or
repairs mobile homes, manufactured homes or commercial coaches is not a general
building contractor.

4. A specialty contractor is a contractor
whose operations as such are the performance of construction work requiring
special skill and whose principal contracting business involves the use of
specialized building trades or crafts.

5. [Nothing
in this section prevents]This section
does not prevent the board from establishing, broadening, limiting or
otherwise effectuating classifications in a manner consistent with established
custom , usage and procedure found in the [construction business.]building trades. The board is specifically prohibited
from establishing classifications in such a manner as to determine or limit
craft jurisdictions.

Sec. 7. NRS 624.270 is
hereby amended to read as follows:

624.270 1. Before issuing a
contractors license to any applicant, the board shall require that the
applicant:

(a) File with the board a surety bond in a form
acceptable to the board executed by the contractor as principal with a
corporation authorized to transact surety business in the State of Nevada as
surety; or

(b) In lieu of such a bond, establish with the
board a cash deposit as provided in this section.

2. Before granting renewal of a contractors
license to any applicant, the board shall require that the applicant file with
the board satisfactory evidence that his surety bond or cash deposit is in full
force, unless the applicant has been relieved of the requirement as provided in
this section.

3. Failure of an applicant or licensee to
file or maintain in full force the required bond or to establish the required
cash deposit constitutes cause for the board to deny, revoke, suspend or refuse
to renew a license.

4. The amount of each bond or cash
deposit required by this section must be fixed by the board with reference to
the contractors financial and professional responsibility and the magnitude of
his operations, but must be not less than $1,000 or more than [$50,000.]$100,000.
The bond must be continuous in form and must be conditioned that the total
aggregate liability of the surety for all claims is limited to the face amount
of the bond irrespective of the number of years the bond is in force. The board
may increase or reduce the amount of any bond or cash deposit if evidence
supporting such a change in the amount is presented to the board at the time application
is made for renewal of a license or at any hearing conducted pursuant to NRS
624.310. Unless released earlier pursuant to subsection 5, any cash deposit may
be withdrawn 2 years after termination of the license in connection with which
it was established, or 2 years after completion of all work authorized by the
board after termination of the license, whichever occurs later, if there is no
outstanding claim against it.

5. After a licensee has acted in the
capacity of a licensed contractor in the State of Nevada for not less than 5
consecutive years, the board may relieve the licensee of the requirement of
filing a bond or establishing a cash deposit if evidence supporting such relief
is presented to the board, but the board may at any time thereafter require the
licensee to file a new bond or establish a new cash deposit as provided in
subsection 4 if evidence is presented to the board supporting this requirement.
If a licensee is relieved of the requirement of establishing a cash deposit,
the deposit may be withdrawn 2 years after such relief is granted, if there is
no outstanding claim against it.

Sec. 8. NRS 624.283 is
hereby amended to read as follows:

624.283 1. Each license
issued under the provisions of this chapter expires 1 year after the date on
which it is issued, except that the board may by regulation prescribe shorter
or longer periods and prorated fees to establish a system of staggered
renewals. Any license which is not renewed on or before the date for renewal is
automatically suspended.

2. A license may be renewed by filing
with the board an application for renewal and payment of the fee for renewal
fixed by the board.

3. The board may
require the licensee to submit at any time a financial statement that is
prepared by a certified public accountant, if the board believes that:

(a) The licensee did not
pay an undisputed debt;

(b) The licensee has
violated or may be violating a provision of chapter 624 of NRS or a regulation
adopted pursuant thereto; or

(c) The licensees
financial responsibility may be impaired.

4. If a
license is automatically suspended pursuant to subsection 1, the licensee may
have his license reinstated upon filing an application for renewal within 6
months after the date of suspension and paying, in addition to the fee for
renewal, a fee for reinstatement fixed by the board [.], if he is otherwise in good standing and there are no
complaints pending against him. If he is otherwise not in good standing or
there is a complaint pending, the board shall require him to provide a current
financial statement prepared by a certified public accountant or establish other
conditions for reinstatement. A license which is not reinstated within 6
months after it is automatically suspended may be
canceled by the board , and a new license may be issued only upon application
for an original contractors license.

(c) Impose limits on the field, scope and
monetary limit of the license;

(d) Impose an administrative fine of not more
than [$5,000;]$10,000;

(e) Order the licensee to take action to correct
a condition resulting from an act which constitutes a cause for disciplinary
action, at the licensees cost; or

(f) Reprimand or take other less severe
disciplinary action, including, without limitation, increasing the amount of
the surety bond or cash deposit of the licensee,

if the licensee commits any act which constitutes a cause for
disciplinary action.

2. If the board suspends or revokes the
license of a contractor for failure to establish financial responsibility, the
board may, in addition to any other conditions for reinstating or renewing the
license, require that each contract undertaken by the licensee for a period to
be designated by the board, not to exceed 12 months, be separately covered by a
bond or bonds approved by the board and conditioned upon the performance of and
the payment of labor and materials required by the contract.

3. If a licensee
commits a fraudulent act which is a cause for disciplinary action under NRS
624.3016, the correction of any condition resulting from the act does not
preclude the board from taking disciplinary action.

4. If the board
finds that a licensee has engaged in repeated acts that would be cause for
disciplinary action, the correction of any resulting conditions does not
preclude the board from taking disciplinary action pursuant to this section.

5. The expiration
of a license by operation of law or by order or decision of the board or a
court, or the voluntary surrender of a license by a licensee, does not deprive
the board of jurisdiction to proceed with any investigation of, or action or
disciplinary proceeding against, the licensee or to render a decision
suspending or revoking the license.

6. The
board shall not take any disciplinary action pursuant to this section regarding
a constructional defect, as that term is defined in NRS 40.615, during the
period in which any claim arising out of that defect is being settled, mediated
or otherwise resolved pursuant to NRS 40.600 to 40.695, inclusive, unless the
disciplinary action is necessary to protect the public health or safety.

[4.]7. If discipline is imposed pursuant to
this section, the costs of the proceeding, including investigative costs and
attorneys fees, may be recovered by the board.

Sec. 10. NRS 624.3016 is
hereby amended to read as follows:

624.3016 The following acts [,]or omissions,
among others, constitute cause for disciplinary action under NRS 624.300:

1. Any [willful,]
fraudulent or deceitful act of a contractor whereby substantial injury is
sustained by another.

2. A conviction of a felony or a crime
involving moral turpitude.

3. Knowingly
making a false statement in or relating to the recording of a notice of lien
pursuant to the provisions of NRS 108.226.

4. Failure to give
a notice required by NRS 108.245 or 108.246.

5. Failure to
comply with sections 21, 22 or 23 of this act.

Sec. 11. NRS 624.3017 is
hereby amended to read as follows:

624.3017 The following acts, among
others, constitute cause for disciplinary action under NRS 624.300:

1. Workmanship which is not commensurate
with standards of the trade in general or which is below the standards in the
building or construction codes adopted by the city or county in which the work
is performed. If no applicable building or construction code has been adopted
locally, then workmanship must meet the standards prescribed in the Uniform
Building Code, Uniform Plumbing Code or National Electrical Code in the form of
the code most recently [published before January
1, 1987.]approved by the board. The board
shall review each edition of the Uniform Building Code, Uniform Plumbing Code
or National Electrical Code that is published after the 1996 edition to ensure
its suitability. Each new edition of the code shall be deemed approved by the
board unless the edition is disapproved by the board within 60 days of the
publication of the code.

2. Advertising projects of construction
without including in the advertisements the name and license number of the
licensed contractor who is responsible for the construction.

Sec. 11.5. NRS 624.310 is
hereby amended to read as follows:

624.310 1. [In any case when]Except as otherwise provided in subsection 4, if the
board refuses to issue or renew a license, suspends or revokes a license or
imposes an administrative fine pursuant to NRS 624.235, the [applicant or accused is entitled to a hearing before
the board.]board shall hold a hearing.
The time and place for the hearing must be fixed by the board, and notice of
the time and place of the hearing must be personally served on the applicant or
accused or mailed to the last known address of the applicant or accused at
least 30 days before the date fixed for the hearing.

2. The testimony taken pursuant to NRS
624.170 to 624.210, inclusive, must be considered a part of the record of the
hearing before the board.

3. The hearing must be public if a request
is made therefor.

4. The board may
suspend the license of a contractor without a hearing if the board finds, based
upon evidence in its possession, that the public health, safety or welfare
imperatively requires summary suspension of the license of the contractor and
incorporates that finding in its order. If the board summarily suspends the
license of the contractor, a hearing must be held within 30 days after the
suspension.

Sec. 12. NRS 108.222 is
hereby amended to read as follows:

108.222 1. [Every]Except as
otherwise provided in subsection 2, a person who performs labor upon or
furnishes material of the value of [$50]$500 or more, to be used in the construction,
alteration or repair of any building, or other superstructure, railway, tramway,
toll road, canal, water ditch, flume, aqueduct or
reservoir, bridge, fence or any other structure , has a lien upon the premises
and any building, structure and improvement thereon for:

ditch, flume, aqueduct or reservoir, bridge, fence or any
other structure , has a lien upon the premises
and any building, structure and improvement thereon for:

(a) If the parties entered into a contract, the
unpaid balance of the price agreed upon for; or

(b) In absence of a contract, an amount equal to
the fair market value of,

the labor performed or material furnished or rented, as the
case may be, by each respectively, including a reasonable allowance for
overhead and a profit, whether performed or furnished at the instance of the
owner of the building or other improvement, or at the instance of his agent.

2. If a license is
required for the work, only a contractor licensed pursuant to chapter 624 of
NRS, an employee of such a contractor or a person who furnishes material to be
used in the project may have a lien as described in subsection 1.

3. All
miners, laborers and others who perform labor to the amount of [$50]$500
or more in or upon any mine, or upon any shaft, tunnel, adit or other
excavation, designed or used to prospect, drain or work the mine, and all
persons who furnish any timber or other material, of the value of [$50]$500
or more, to be used in or about a mine, whether performed or furnished at the
instance of the owner of the mine or his agent, have, and may each respectively
claim and hold, a lien upon that mine for:

(a) If the parties entered into a contract, the
unpaid balance of the price agreed upon for; or

(b) In absence of a contract, an amount equal to
the fair market value of,

the labor so performed or material furnished, including a
reasonable allowance for overhead and a profit.

[3.]4. Every contractor, subcontractor,
engineer, land surveyor, geologist, architect, builder or other person having
charge or control of any mining claim, or any part thereof, or of the
construction, alteration or repair, either in whole or in part, of any building
or other improvement, as these terms are used in subsection 1, shall be held to
be the agent of the owner, for the purposes of NRS 108.221 to 108.246,
inclusive.

Sec. 13. NRS 108.226 is
hereby amended to read as follows:

108.226 1. Every person
claiming the benefit of NRS 108.221 to 108.246, inclusive, must record his
notice of lien in the form provided in subsection 5:

(a) Within 90 days after the completion of the
work of improvement;

(b) Within 90 days after the last delivery of
material by the lien claimant; or

(c) Within 90 days after the last performance of
labor by the lien claimant,

whichever is later.

2. The time within which to perfect the
lien by recording the notice of lien is shortened if a notice of completion is
recorded in a timely manner pursuant to NRS 108.228, in which event the notice
of lien must be recorded within 40 days after the recording of the notice of
completion.

3. Any one of the following acts or
events is equivalent to completion of the work of improvement for all
purposes of NRS 108.221 to 108.246, inclusive:

(a) The occupation or use of a building,
improvement or structure by the owner, his agent or his representative and
accompanied by cessation of labor thereon.

(b) The acceptance by the owner, his agent or
his representative of the building, improvement or structure.

(c) The cessation from labor for 30 days upon
any building, improvement or structure, or the alteration, addition to or
repair thereof.

(d) The recording of the notice of completion
provided in NRS 108.228.

4. For the purposes of this section, if a
work of improvement consists of the construction of more than one separate
building and each building is constructed pursuant to:

(a) A separate contract, each building shall be
deemed a separate work of improvement. The time within which to perfect the
lien by recording the notice of lien pursuant to subsection 1 commences to run
upon the completion of each separate building; or

(b) A single contract, the time within which to
perfect the lien by recording the notice of lien pursuant to subsection 1
commences to run upon the completion of all the buildings constructed pursuant
to that contract.

As used in this subsection, separate building means one
structure of a work of improvement and any garages or other outbuildings
appurtenant thereto.

5. The notice of mechanics lien must be
recorded in the office of the county recorder of the county where the property
or some part thereof is situated and must contain:

(a) A statement of his demand after deducting
all just credits and offsets.

(b) The name of the owner or reputed owner if
known.

(c) The name of the person by whom he was
employed or to whom he furnished the material.

(d) A statement of the terms, time given and
conditions of his contract.

(e) A description of the property to be charged
with the lien sufficient for identification.

6. The claim must be verified by the oath
of the claimant or some other person. The claim need not be acknowledged to be
recorded.

7. It is
unlawful for a person knowingly to make a false statement in or relating to the
recording of a notice of lien pursuant to the provisions of this section. A
person who violates this subsection is guilty of a gross misdemeanor and shall
be punished by a fine of not less than $5,000 nor more than $10,000.

Sec. 14. NRS 108.2275 is
hereby amended to read as follows:

108.2275 1. The debtor of
the lien claimant or a party in interest in the premises subject to the lien
who believes the notice of lien is frivolous and was made without reasonable
cause, or that the amount of the lien is excessive, may apply by motion to the
district court for the county where the property or some part thereof is
situated for an order directing the lien claimant to appear before the court to
show cause why the relief requested should not be granted. The motion must set
forth the grounds upon which relief is requested and must
be supported by the affidavit of the applicant or his attorney setting forth a
concise statement of the facts upon which the motion is based.

relief is requested and must be supported by the affidavit
of the applicant or his attorney setting forth a concise statement of the facts
upon which the motion is based. If the court issues an order for a hearing, the
applicant shall serve notice of the application and order of the court on the
lien claimant within 3 days after the court issues the order. The court shall
conduct the hearing within not less than 10 days or more than 20 days after the
court issues the order.

2. The order for a hearing must include a
statement that if the lien claimant fails to appear at the time and place
noted, the lien will be released with prejudice and the lien claimant will be
ordered to pay the costs requested by the applicant, including reasonable
attorneys fees.

3. If, at the time the application is
filed, an action to foreclose the lien has not been filed, the clerk of the
court shall assign a number to the application and obtain from the applicant a
filing fee of $85. If an action has been filed to foreclose the lien before the
application was filed pursuant to this section, the application must be made a
part of the action to foreclose the lien.

4. If, after a hearing on the matter, the
court determines that:

(a) The lien is frivolous and was made without
reasonable cause, the court may [issue]make an order releasing the lien and awarding
costs and reasonable attorneys fees to the applicant.

(b) The amount of the lien is excessive, the
court may [issue]make an order reducing the lien to an amount deemed appropriate
by the court and awarding costs and reasonable attorneys fees to the
applicant.

(c) The lien is not frivolous and was made with
reasonable cause and that the amount of the lien is not excessive, the court
may [issue]make
an order awarding costs and reasonable attorneys fees to the lien claimant.

5. Proceedings conducted pursuant to this
section do not affect any other rights and remedies otherwise available to the
parties.

6. An appeal may
be taken by either party from an order made pursuant to subsection 4.

7. If an order
releasing or reducing a lien is entered by the court, and the order is not
stayed, the lien claimant shall, within 2 days after the order is entered,
record a certified copy of the order in the office of the county recorder of
the county where the property or some part thereof is situated. The recording
of a certified copy of the order releasing or reducing a lien is notice to any
interested party that the lien has been released or reduced.

Sec. 15. NRS 108.239 is
hereby amended to read as follows:

108.239 1. Liens may be
enforced by an action in any court of competent jurisdiction, on setting out in
the complaint the particulars of the demand, with a description of the premises
to be charged with the lien.

2. At the time of filing the complaint
and issuing the summons, the plaintiff shall:

(a) File a notice of pendency of the action in
the manner provided in NRS 14.010; and

(b) Cause a notice to be published at least once
a week for 3 successive weeks, in one newspaper published in the county, and if
there is no newspaper published in the county, then in such mode as the court
may determine, notifying all persons holding or claiming liens pursuant to the provisions of NRS 108.221 to 108.246, inclusive, on the premises
to file with the clerk and serve on the plaintiff and also on the defendant, if
the defendant is within the state or is represented by counsel, written
statements of the facts constituting their liens, together with the dates and
amounts thereof.

provisions of NRS 108.221 to 108.246, inclusive, on the
premises to file with the clerk and serve on the plaintiff and also on the
defendant, if the defendant is within the state or is represented by counsel,
written statements of the facts constituting their liens, together with the
dates and amounts thereof. The statements must be filed within 10 days after
the last publication of the notice. The plaintiff and other parties adversely
interested must be allowed 5 days to answer the statements.

3. If it appears from the records of the
county recorder that there are other lien claims recorded against the same
premises at the time of the commencement of the action, the plaintiff shall, in
addition to and after the initial publication of the notice as provided in
paragraph (b) of subsection 2, mail to those other lien claimants, by
registered or certified mail, or deliver in person a copy of the notice as
published.

4. At the time of any change in the venue
of the action, the plaintiff shall file a notice of pendency of the action, in
the manner provided in NRS 14.010, and include in the notice the court and
county to which the action is changed.

5. The court shall enter judgment
according to the right of the parties, and shall, by decree, proceed to hear
and determine the claims in a summary way, or may, if it be the district court,
refer the claims to a master to ascertain and report upon the liens and the
amount justly due thereon. No consequential damages may
be recovered in an action pursuant to this section. All liens not so
exhibited shall be deemed to be waived in favor of those which are so
exhibited.

6. On ascertaining the whole amount of
the liens with which the premises are justly chargeable, as provided in NRS
108.221 to 108.246, inclusive, the court shall cause the premises to be sold in
satisfaction of the liens and costs, including costs of suit, and any party in
whose favor judgment may be rendered may cause the premises to be sold within
the time and in the manner provided for sales on execution, issued out of any
district court, for the sale of real property.

7. If the proceeds of sale, after the
payment of costs, are not sufficient to satisfy the whole amount of the liens
included in the decree of sale, the proceeds must be apportioned according to
the right of the several parties. If the proceeds of the sale amount to more
than the sum of the liens and the cost of sale, the remainder must be paid over
to the owner of the property.

8. Each party whose claim is not
satisfied in the manner provided in this section is entitled to personal
judgment for the residue against the party legally liable for it if that person
has been personally summoned or has appeared in the action.

Sec. 16. NRS 108.245 is
hereby amended to read as follows:

108.245 1. Except as
otherwise provided in subsection 5, every person, firm, partnership,
corporation or other legal entity, other than one who performs only labor, who
claims the benefit of NRS 108.221 to 108.246, inclusive, shall, within 31 days
after the first delivery of material or performance of work or services under
his contract, deliver in person or by certified mail to the owner or reputed
owner of the property or to the person whose name appears as owner on the
building permit, if any, for the improvement a notice in substantially the
following form:

for improvement of real property identified as (property
description or street address) under contract with (general contractor or
subcontractor). This is not a notice that the undersigned has not been or does
not expect to be paid, but a notice required by law that the undersigned may,
at a future date, claim a lien as provided by law against the property if the
undersigned is not paid.

.......................................................

(Claimant)

A subcontractor or materialman under a subcontract who gives
such a notice must also deliver in person or send by certified mail a copy of
the notice to the general contractor for information only. [Persistent]The failure
by a subcontractor to deliver such notices to the general contractor is a
ground for disciplinary proceedings against the subcontractor under chapter 624
of NRS.

2. Such a notice does not constitute a
lien or give actual or constructive notice of a lien for any purpose.

3. No lien for materials furnished or for
work or services performed, except labor, may be perfected or enforced pursuant
to NRS 108.221 to 108.246, inclusive, unless the notice has been given.

4. The notice need not be verified, sworn
to or acknowledged.

5. A general contractor or other person
who contracts directly with an owner or sells materials directly to an owner is
not required to give notice pursuant to this section.

6. As used in this section, owner does
not include any person, firm or corporation whose only interest in the real
property is under a mortgage, deed of trust or other security arrangement.

Sec. 17. NRS 108.246 is
hereby amended to read as follows:

108.246 1. Each general
contractor shall, [prior to]before execution of a [construction
contract,]contractfor construction, inform the record owner [, as defined in NRS 108.227,] with whom
he intends to contract of the provisions of NRS 108.245 in substantially the
following form:

To: ........................................................

(Owners name and address)

Section 108.245 of Nevada Revised Statutes, a part of
the mechanics lien law of the State of Nevada, requires, for your information
and protection from hidden liens, that each person or other legal entity which
supplies materials to or performs work or services on a construction project,
other than one who performs only labor, shall deliver to the owner a notice of
the materials supplied or the work or services performed.

materials supplied or the work or services performed. You
may receive such notices in connection with the construction project which you
propose to undertake.

2. Each general contractor shall deliver
a copy of the information required by subsection 1 to each subcontractor who
participates in the construction project.

3. [Persistent]The failure of a general contractor so to inform
owners and subcontractors with whom he contracts is a ground for disciplinary
proceedings under chapter 624 of NRS.

4. Each subcontractor who participates in
the construction project shall deliver a copy of each notice required by NRS
108.226 to the general contractor. [Persistent]The failure of the subcontractor to deliver such
notice to the general contractor is a ground for disciplinary proceedings under
chapter 624 of NRS.

Sec. 18. Chapter 278 of NRS
is hereby amended by adding thereto a new section to read as follows:

1. A building
inspector who issues a permit to the owner of a residence to construct, alter,
repair, add to, subtract from, improve, move, wreck or demolish the residence
shall, at the same time, deliver to him a statement. The owner of the residence
shall acknowledge in writing receipt of the statement.

2. The statement
delivered by the building inspector must include the following text:

State
law requires construction to be done by licensed contractors. You have applied
for a permit under an exemption to that law. The exemption allows you, as the
owner of your property, to act as your own contractor with certain restrictions
although you do not have a license.

You
must directly supervise the construction, on the job, yourself. The building or
residence must be for your own use or occupancy. It may not be built or
substantially improved for sale or lease. If you sell or lease a building you
have built or substantially improved yourself within 1 year after the
construction is complete, it is presumed that you built or substantially
improved it for sale or lease, which is a violation of this exemption and a
violation of chapter 624 of NRS.

You
may not hire an unlicensed person to act as your contractor or to supervise
people working on your building. It is your responsibility to make sure that
people employed by you have the licenses required by state law and by county or
municipal licensing ordinances. You may not delegate the responsibility for
supervising work to a contractor unless he is licensed to perform the work
being done. Any person working on your building who is not licensed must work
under your direct supervision and must be employed by you, which means that you
must deduct FICA and withholding tax and provide industrial insurance and pay
the required contribution for unemployment compensation for that employee, and
comply with other state and federal laws relating to employment. Your
construction must comply with all applicable laws, ordinances, building codes
and zoning regulations.

278.610 1. Except as
otherwise provided in subsection 3, after the establishment of the position of
building inspector and the filling of the position as provided in NRS 278.570,
it is unlawful to erect, construct, reconstruct, alter or change the use of any
building or other structure within the territory covered by the building code
or zoning regulations without obtaining a building permit from the building
inspector.

2. The building inspector shall not issue
any permit unless the plans of and for the proposed erection, construction,
reconstruction, alteration or use fully conform to all building code and zoning
regulations then in effect.

3. The provisions of subsection 1 do not
apply to a school district to which the state public works board has delegated
its powers and duties under NRS 393.110.

4. A building
inspector shall not issue a building permit to a person acting for another
unless the applicant proves to the satisfaction of the building inspector that
he is licensed as a contractor for that work pursuant to the provisions of NRS
624.230 to 624.320, inclusive.

Sec. 20. Chapter 597 of NRS
is hereby amended by adding thereto the provisions set forth as sections 21, 22
and 23 of this act.

Sec. 21. As used in this section and sections 22 and 23 of this act,
contractor means a person licensed pursuant to the provisions of chapter 624
of NRS whose scope of work includes the construction, repair or maintenance of
any residential swimming pool or spa, regardless of use, including the repair
or replacement of existing equipment or the installation of new equipment, as
necessary. The scope of such work includes layout, excavation, operation of
construction pumps for removal of water, steelwork, construction of floors,
installation of gunite, fiberglass, tile and coping, installation of all
perimeter and filter piping, installation of all filter equipment and chemical
feeders of any type, plastering of the interior, construction of decks,
installation of housing for pool equipment and installation of packaged pool
heaters.

Sec. 22. 1. A contractor who receives an initial payment
of $1,000 or 10 percent of the aggregate contract price, whichever is less, for
the repair, restoration, improvement or construction of a residential pool or
spa shall start the work within 30 days after the date all necessary permits
for the work, if any, are issued, unless the person who made the payment agrees
in writing to a longer period to apply for the necessary permits or start the
work or to longer periods for both.

2. A contractor
who receives money for the repair, restoration, addition, improvement or
construction of a residential pool or spa must complete the work diligently and
shall not refuse to perform any work for any 30-day period.

3. If satisfactory
payment is made for any portion of the work performed, the contractor shall,
before any further payment is made, furnish the owner a full and unconditional
release from any claim of mechanics lien for that portion of the work for
which payment has been made.

4. The
requirements of subsection 3 do not apply if the contract provides for the
contractor to furnish a bond for payment and performance or joint control covering full performance and completion of
the contract and the bond or joint control is furnished by the contractor.

or joint control covering full
performance and completion of the contract and the bond or joint control is
furnished by the contractor.

5. An agreement or
contract for the repair, restoration, improvement or construction of a
residential pool or spa must contain a written statement explaining the rights
of the customer under this section, sections 21 and 23 of this act and other
relevant statutes.

6. A contractor
may require final payment for the final stage or phase of the construction of a
residential pool or spa after the completion of the plastering and the final
inspection by the local building department, unless any installation of equipment,
decking or fencing that is required in the contract is not completed.

7. A violation of
the provisions of this section by a contractor constitutes cause for
disciplinary action pursuant to NRS 624.300.

Sec. 23. 1. A contract in an amount of more than $1,000
entered into between a contractor and the owner of a single-family residence
for the construction or alteration of a residential pool or spa must contain in
writing at least the following information:

(a) The name of the
contractor and his business address and license number;

(b) The name and mailing
address of the owner and the address or legal description of the property;

(c) The date of execution
of the contract;

(d) The estimated date of
completion of all work to be performed under the contract;

(e) A description of the
work to be performed under the contract;

(f) The total amount to
be paid to the contractor by the owner for all work to be performed under the
contract, including all applicable taxes;

(g) The amount of any
advance deposit paid or promised to be paid to the contractor by the owner;

(h) A statement that the
contractor has provided the owner with the notice and informational form
required by section 2 of this act;

(i) A statement that any
additional work to be performed under the contract, whether or not pursuant to
a change order, which will require the owner to pay additional money and any
other change in the terms in the original contract must be agreed to in writing
by the parties and incorporated into the original contract as a change order;

(j) A plan and scale
drawing showing the shape, size, dimensions and the specifications for the
construction and equipment for the residential pool or spa and for other home
improvements, and a description of the work to be done, the materials to be
used and the equipment to be installed, and the agreed consideration for the
work; and

(k) The dollar amount of
any progress payment and the stage of construction at which the contractor will
be entitled to collect progress payments during the course of construction
under the contract.

Except as otherwise provided in
subsection 4, the contract may contain such other conditions, stipulations or
provisions as to which the parties may agree.

2. The contract
must contain, in close proximity to the signatures of the owner and the
contractor, a notice stating that the owner has the right to request a bond for
payment and performance.

3. At the time the
owner signs the contract, the contractor shall furnish him a legible copy of
all documents signed and a written and signed receipt for any money paid to the
contractor by the owner. All written information provided in the contract must
be printed in at least 10-point bold type.

4. A condition, stipulation
or provision in a contract or other agreement that requires a person to waive
any right provided by this section and sections 21 and 22 of this act or
relieves a person of an obligation or liability imposed by those sections is
void. Failure to comply with the requirements of this section and sections 21
and 22 of this act renders a contract unenforceable.

5. The contractor
shall apply for and obtain all necessary permits.

Sec. 24. Section 6 of this
act becomes effective at 12:01 a.m. on October 1, 1997.

________

CHAPTER 557, SB 460

Senate Bill No. 460Committee on Finance

CHAPTER 557

AN ACT relating to state financial
administration; specifying the manner in which parts of the proposed budget for
the executive department of the state government are confidential; revising
deadlines for the submission of certain budgetary information; revising the
provisions governing the procedure for the revision of work programs and
allotments and acceptance of gifts and grants by state agencies; repealing the
prospective expiration of certain provisions relating to governmental budgets;
revising the effective dates of various legislative measures; and providing
other matters properly relating thereto.

[Approved July 16, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 353.205 is
hereby amended to read as follows:

353.205 1. The
proposed budget for the executive department of the state government for each
fiscal year must be set up in three parts:

[1.](a) Part 1 must consist of a budgetary message by
the governor which outlines the financial policy of the executive department of
the state government for the next 2 fiscal years, describing in connection
therewith the important features of the financial plan. It must also embrace a
general summary of the proposed budget setting forth the aggregate figures of
the proposed budget in such a manner as to show the balanced relations between
the total proposed expenditures and the total anticipated revenues, together
with the other means of financing the proposed budget for the next 2 fiscal
years, contrasted with the corresponding figures for the last completed fiscal
year and fiscal year in progress. The general summary of the proposed budget
must be supported by explanatory schedules or statements, classifying the
expenditures contained therein by organizational units, objects
and funds, and the income by organizational units, sources and funds.

objects and funds, and the income by organizational units,
sources and funds.

[2.](b) Part 2 must embrace the detailed budgetary
estimates both of expenditures and revenues as provided in NRS 353.150 to
353.246, inclusive. The information must be presented in a manner which sets forth
separately the cost of continuing each program at the same level of service as
the current year and the cost, by budgetary issue, of any recommendations to
enhance or reduce that level of service. Revenues must be summarized by type , and expenditures must be summarized by category of
expense. Part 2 must include a mission statement and measurement indicators for
each program. It must also include statements of the bonded indebtedness of the
state government, showing the requirements for redemption of debt, the debt
authorized and unissued, and the condition of the sinking funds, and any
statements relative to the financial plan which the governor may deem
desirable, or which may be required by the legislature.

[3.](c) Part 3 must include a recommendation to the
legislature for the drafting of a general appropriation bill authorizing, by
departments, institutions and agencies, and by funds, all expenditures of the
executive department of the state government for the next 2 fiscal years, and
may include recommendations to the legislature for the drafting of such other
bills as may be required to provide the income necessary to finance the
proposed budget and to give legal sanction to the financial plan if adopted by
the legislature.

2. Except
as otherwise provided in NRS 353.211, as soon as each part of the proposed budget is prepared, a copy of the part
must be transmitted to the fiscal analysis division of the legislative counsel
bureau for confidential examination and retention.

3.Except for the information provided to the fiscal analysis
division of the legislative counsel bureau pursuant to NRS 353.211, parts 1 and
2 of the proposed budget are confidential until the governor transmits the
proposed budget to the legislature pursuant to NRS 353.230, regardless of
whether those parts are in the possession of the executive or legislative
department of the state government. Part 3 of the proposed budget is
confidential until the bills which result from the proposed budget are introduced
in the legislature.

Sec. 2. NRS 353.211 is
hereby amended to read as follows:

353.211 1. On or
before October 15 of each even-numbered year, the chief shall provide to the
fiscal analysis division of the legislative counsel bureau:

3. The information provided to the fiscal
analysis division pursuant to subsections 1 and 2 is open for public
inspection.

4. As soon as practicable after receipt
of the material provided pursuant to subsections 1 and 2, the fiscal analysis
division shall provide a synopsis of the information to the members of the
budget subcommittee of the legislative commission. The synopsis must include
the levels of requested expenditures of all of the departments, institutions
and agencies, major budgetary issues, approximate available revenues,
historical data and any other information the fiscal analysts deem appropriate.

Sec. 3. NRS 353.220 is
hereby amended to read as follows:

353.220 1. The head of any
department, institution or agency of the executive department of the state
government, whenever he deems it necessary [by
reason]because of changed
conditions, may request the revision of the work program of his department,
institution or agency at any time during the fiscal year, and submit the
revised program to the governor through the chief with a request for revision
of the allotments for the remainder of that fiscal year.

2. Every request for revision must be
submitted to the chief on the form and with supporting information as the chief
prescribes.

3. Before encumbering any appropriated or
authorized money, every request for revision must be approved or disapproved in
writing by the governor or the chief, if the governor has by written instrument
delegated this authority to the chief.

4. Whenever a request for the revision of
a work program of a department, institution or agency in an amount more than [$2,000]$20,000 would,
when considered with all other changes in allotments for that work program made
pursuant to NRS 353.215 and subsections 1, 2 and 3 of this section, increase or
decrease by 10 percent or [$25,000,]$50,000, whichever is less, the expenditure level
approved by the legislature for any of the allotments within the work program,
the request must be approved as provided in subsection 5 before any
appropriated or authorized money may be encumbered for the revision.

5. If a request for the revision of a
work program requires additional approval as provided in subsection 4 and:

(a) Is necessary because of an emergency as
defined in NRS 353.263 or for the protection of life or property, the governor
shall take reasonable and proper action to approve it and shall report the
action, and his reasons for determining that immediate action was necessary, to
the interim finance committee at its first meeting after the action is taken.
Action by the governor pursuant to this paragraph constitutes approval of the
revision, and other provisions of this chapter requiring approval before
encumbering money for the revision do not apply.

(b) The governor determines that the revision is
necessary and requires expeditious action, he may certify that the request
requires expeditious action by the interim finance committee. Whenever the
governor so certifies, the interim finance committee has 15 days after the
request is submitted to its secretary within which to consider the revision.
Any request for revision which is not considered within
the 15-day period shall be deemed approved.

for revision which is not considered within the 15-day
period shall be deemed approved.

(c) Does not qualify pursuant to paragraph (a)
or (b), it must be submitted to the interim finance committee. The interim
finance committee has 45 days after the request is submitted to its secretary
within which to consider the revision. Any request which is not considered
within the 45-day period shall be deemed approved.

6. The secretary shall place each request
submitted to him pursuant to paragraph (b) or (c) of subsection 5 on the agenda
of the next meeting of the interim finance committee.

7. In acting upon a proposed revision of
a work program, the interim finance committee shall consider, among other
things:

(a) The need for the proposed revision; and

(b) The intent of the legislature in approving
the budget for the present biennium and originally enacting the statutes which
the work program is designed to effectuate.

Sec. 4. NRS 353.335 is
hereby amended to read as follows:

353.335 1. Except as
otherwise provided in subsections 5 and 6, a state agency may accept any gift
or grant of property or services from any source only if it is included in an
act of the legislature authorizing expenditures of nonappropriated money or,
when it is not so included, if it is approved as provided in subsection 2.

2. If:

(a) Any proposed gift or grant is necessary
because of an emergency as defined in NRS 353.263 or for the protection or
preservation of life or property, the governor shall take reasonable and proper
action to accept it and shall report the action and his reasons for determining
that immediate action was necessary to the interim finance committee at its
first meeting after the action is taken. Action by the governor pursuant to
this paragraph constitutes acceptance of the gift or grant, and other
provisions of this chapter requiring approval before acceptance do not apply.

(b) The governor determines that any proposed
gift or grant would be forfeited if the state failed to accept it before the
expiration of the period prescribed in paragraph (c), he may declare that the
proposed acceptance requires expeditious action by the interim finance
committee. Whenever the governor so declares, the interim finance committee has
15 days after the proposal is submitted to its secretary within which to
approve or deny the acceptance. Any proposed acceptance which is not considered
within the 15-day period shall be deemed approved.

(c) The proposed acceptance of any gift or grant
does not qualify pursuant to paragraph (a) or (b), it must be submitted to the
interim finance committee. The interim finance committee has 45 days after the
proposal is submitted to its secretary within which to consider acceptance. Any
proposed acceptance which is not considered within the 45-day period shall be
deemed approved.

3. The secretary shall place each request
submitted to him pursuant to paragraph (b) or (c) of subsection 2 on the agenda
of the next meeting of the interim finance committee.

4. In acting upon a proposed gift or
grant, the interim finance committee shall consider, among other things:

(a) The need for the facility or service to be
provided or improved;

(b) Any present or future commitment required of
the state;

(c) The extent of the program proposed; and

(d) The condition of the national economy, and
any related fiscal or monetary policies.

5. A state agency may accept:

(a) Gifts, including grants from nongovernmental
sources, not exceeding $10,000 each in value; and

(b) Governmental grants not exceeding [$50,000]$100,000
each in value,

if the gifts or grants are used for purposes which do not
involve the hiring of new employees and if the agency has the specific approval
of the governor or, if the governor delegates this power of approval to the
chief of the budget division of the department of administration, the specific
approval of the chief.

6. This section does not apply to:

(a) The state industrial insurance system;

(b) The University and Community College System
of Nevada; or

(c) The department of human resources while
acting as the state health planning and development agency pursuant to
paragraph (d) of subsection 2 of NRS 439A.081.

Sec. 5. NRS 387.303 is
hereby amended to read as follows:

387.303 1. Not later than [October 15]November
10 of each year, the board of trustees of each school district shall
submit to the superintendent of public instruction and the department of
taxation a report which includes the following information:

(a) For each fund within the school district,
including, without limitation, the school districts general fund and any
special revenue fund which receives state money, the total number and salaries
of licensed and nonlicensed persons whose salaries are paid from the fund and
who are employed by the school district in full-time positions or in part-time
positions added together to represent full-time positions. Information must be
provided for the current school year based upon the school districts final
budget, including any amendments and augmentations thereto, and for the
preceding school year. An employee must be categorized as filling an instructional,
administrative, instructional support or other position.

(b) The count of pupils computed pursuant to
paragraph (a) of subsection 1 of NRS 387.1233.

(c) The average daily attendance for the
preceding school year and the estimated average daily attendance for the
current school year of part-time pupils enrolled in courses which are approved
by the department as meeting the requirements for an adult to earn a high
school diploma.

(d) The school districts actual expenditures in
the fiscal year immediately preceding the report.

(e) The school districts proposed expenditures
for the current fiscal year.

(f) The schedule of salaries for licensed
employees in the current school year and a statement of whether the
negotiations regarding salaries for the current school year have been
completed. If the negotiations have not been completed at the time the schedule
of salaries is submitted, the board of trustees shall submit a supplemental
report to the superintendent upon completion of negotiations or the
determination of an arbitrator concerning the negotiations that includes the
schedule of salaries agreed to or required by the arbitrator.

(g) The number of employees eligible for health
insurance within the school district for the current and preceding fiscal years
and the amount paid for health insurance for each such employee during those
years.

(h) The rates for fringe benefits, excluding
health insurance, paid by the school district for its licensed employees in the
preceding and current fiscal years.

(i) The amount paid for extra duties,
supervision of extracurricular activities and supplemental pay [,] and the number of employees receiving
that pay in the preceding and current fiscal years.

2. On or before November [10]25
of each year, the superintendent of public instruction shall submit to the
department of administration and the fiscal analysis division of the
legislative counsel bureau, in a format approved by the director of the
department of administration, a compilation of the reports made by each school
district pursuant to subsection 1.

3. The superintendent shall, in the
compilation required by subsection 2, reconcile the revenues and expenditures
of the school districts with the apportionment received by those districts from
the state distributive school account for the preceding year.

Sec. 12. Section
64 of Senate Bill No. 482 of this session is hereby amended to read as
follows:

Sec. 64. 1. This
section and section 63 of this act become effective upon passage and approval.

2. Subsection 1 of section 61 of this act becomes effective on
June 30, 1997. Subsections 2 to 11, inclusive, of section 61 of this act become
effective on July 1, 1997.

3. Section
27 of this act becomes effective upon passage and approval for purposes of
appointing members to the commission on educational technology, created
pursuant to section 27 of this act, and on July 1, 1997, for all other
purposes.

[3.]4. Section 37 of this act
becomes effective upon passage and approval for purposes of appointing members
to the legislative committee on education, created pursuant to section 37 of
this act, and on July 1, 1997, for all other purposes.

[4.]5. Section 43 of this act
becomes effective upon passage and approval for purposes of appointing members
to the council to establish academic standards for public schools, created
pursuant to section 43 of this act, and on July 1, 1997, for all other
purposes, and expires by limitation on June 30, 2001.

[5.]6. Sections
20 to 26, inclusive, 28 to 36, inclusive, 38 to 42, inclusive, [and]46 to [62,]60,
inclusive, and 62 of this act become effective on
July 1, 1997.

[6.]7. Sections 44 and 45 of this
act become effective on July 1, 1997, and expire by limitation on June 30,
2003.

[7.]8. Sections 1 to 19, inclusive,
of this act become effective on January 1, 1998.

Sec. 13. 1. This
section and sections 7 to 11, inclusive, of this act become effective on June
30, 1997.

2. Sections 1 to 6, inclusive, of this
act become effective on July 1, 1997.

________

κ1997
Statutes of Nevada, Page 2707κ

CHAPTER 558, SB 468

Senate Bill No. 468Committee on Finance

CHAPTER 558

AN ACT relating to financial
administration; authorizing the use of money in the state permanent school fund
to guarantee certain bonds issued by school districts; and providing other
matters properly relating thereto.

[Approved July 16, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 387 of NRS
is hereby amended by adding thereto the provisions set forth as sections 2 to
8, inclusive, of this act.

Sec. 2. As used in sections 2 to 8, inclusive, of this act, unless the
context otherwise requires, executive director means the executive director
of the department of taxation.

Sec. 3. 1. The board of trustees of a school district may
apply to the state treasurer for a guarantee agreement whereby money in the
state permanent school fund is used to guarantee the payment of the debt
service on bonds that the school district will issue. The amount of the
guarantee for bonds of each school district outstanding at any one time must
not exceed $25,000,000.

2. The application
must be on a form prescribed by the state treasurer. The state treasurer shall
develop the form in consultation with the executive director.

3. Medium-term
obligations entered into pursuant to the provisions of NRS 350.085 to 350.095,
inclusive, are not eligible for guarantee pursuant to sections 2 to 8,
inclusive, of this act.

4. Upon receipt of
an application for a guarantee agreement from a school district, the state
treasurer shall provide a copy of the application and any supporting
documentation to the executive director.As soon
as practicable after receipt of a copy of an application, the executive
director shall investigate the ability of the school district to make timely
payments on the debt service of the bonds for which the guarantee is requested.
The executive director shall submit a written report of his investigation to
the state board of finance indicating his opinion as to whether the school
district has the ability to make timely payments on the debt service of the
bonds.

Sec. 4. The state treasurer may enter into a guarantee agreement if:

1. The report
submitted by the executive director indicates that a school district has the
ability to make timely payments on the debt service of the bonds;

2. The state board
of finance approves the report submitted by the executive director; and

3. The state
treasurer has determined that the amount of bonds to be guaranteed under the
agreement, in addition to the total amount of outstanding bonds guaranteed
pursuant to sections 2 to 8, inclusive, of this act, does not exceed the
limitation established by subsection 1 of section 5 of this act.

Sec. 5. 1. The total amount of outstanding bonds
guaranteed pursuant to sections 2 to 8, inclusive, of this act must not exceed:

(a) Two-hundred fifty
percent of the lower of the cost or fair market value of the assets in the
state permanent school fund;

(b) A percentage of the
lower of the cost or fair market value of the assets in the state permanent
school fund specified for this purpose by section 148 of the Internal Revenue
Code of 1986, 26 U.S.C. § 148, or regulations adopted pursuant to that section;
or

(c) A percentage of the
lower of the cost or fair market value of the assets in the state permanent
school fund certified by the state treasurer as the percentage used to
determine the maximum amount of bonds that may be guaranteed pursuant to sections
2 to 8, inclusive, of this act,

whichever is less.

2. A certification
by the state treasurer pursuant to paragraph (c) of subsection 1 shall be
deemed a pledge by this state that, at the time a guarantee agreement is
entered into, the total amount of bonds that are guaranteed pursuant to
sections 2 to 8, inclusive, of this act will not exceed the percentage
certified by the state treasurer pursuant to paragraph (c) of subsection 1.

Sec. 6. 1. A guarantee agreement entered into pursuant to
section 4 of this act must:

(a) Require the board of
trustees of the school district to appoint the state treasurer, or a commercial
bank designated by the state treasurer, as paying agent for the debt service on
the bonds;

(b) Specify the number of
days before a payment on the debt service of the bonds is due that the paying
agent must receive the payment from the school district;

(c) Require the board of
trustees of the school district to deposit the amount of money due for each
payment with the paying agent within the period specified by paragraph (b);

(d) Require that if the
school district is unable to make a payment, the board of trustees of the
school district or the superintendent of schools of the district shall provide
written notice to the state treasurer at least 60 days before the payment is
due;

(e) If a loan is made to
a school district pursuant to section 7 of this act, require the board of
trustees of the school district to repay the loan as provided by section 8 of
this act;

(f) Be signed by the
state treasurer and the president of the board of trustees of the school
district; and

(g) Be approved by a
resolution of the state board of finance and the board of trustees of the
school district.

2. A guarantee
agreement may include such other provisions as the state treasurer determines
necessary.

Sec. 7. 1. If a school district fails to make a timely
payment on the debt service of bonds that are guaranteed pursuant to the
provisions of sections 2 to 8, inclusive, of this act, the state treasurer
shall:

(a) Withdraw from the
state permanent school fund the amount of money due for the payment on the debt
service;

2. The amount of
money withdrawn pursuant to subsection 1 shall be deemed a loan to the school
district from the state permanent school fund. The state treasurer shall
determine the rate of interest on the loan, which must not exceed 1 percent
above the average rate of interest yielded on investments in the state
permanent school fund on the date that the loan is made. A loan that is made to
a school district pursuant to this subsection is a special obligation of the
school district and is payable only from the sources specified in section 8 of
this act.

3. A school
district that receives a loan pursuant to this section shall not:

(a) Include the loan as a
general obligation of the school district when determining any limit on the
debt of the school district.

(b) Unless the school
district obtains the written approval of the executive director, for the period
during which the loan is unpaid, enter into any medium-term obligations
pursuant to the provisions of NRS 350.085 to 350.095, inclusive, or otherwise
borrow money.

4. If the
executive director receives notice that a loan has been made pursuant to this
section, he shall proceed pursuant to the provisions of NRS 354.685.

Sec. 8. If a loan is made from the state permanent school fund
pursuant to section 7 of this act, the loan must be repaid:

1. By the school
district from the money that is available to the school district to pay the
debt service on the bonds that are guaranteed pursuant to the provisions of
sections 2 to 8, inclusive, of this act unless payment from that money would
cause the school district to default on other outstanding bonds or medium-term
obligations entered into pursuant to the provisions of NRS 350.085 to 350.095,
inclusive; and

2. If the school
district is not able to repay fully the loan, including any accrued interest,
in a timely manner pursuant to subsection 1 or by any other lawful means, the
state treasurer shall withhold the payments of money that would otherwise be
distributed to the school district from:

(a) The interest earned
on the state permanent school fund that is distributed among the various school
districts;

(b) Distributions of the
local school support tax, which must be transferred by the state controller
upon notification by the state treasurer; and

(c) Distributions from
the state distributive school account,

until the loan is repaid, including
any accrued interest on the loan. The state treasurer shall apply the money
first to the interest on the loan and, when the interest is paid in full, then
to the balance. When the interest and balance on the loan are repaid, the state
treasurer shall resume making the distributions that would otherwise be due to
the school district.

Sec. 9. NRS 387.030 is
hereby amended to read as follows:

387.030 All money derived from interest
on the state permanent school fund, together with all money derived from other
sources provided by law, must:

1. Be placed in the state distributive
school account which is hereby created in the state general fund; and

2. [Be]Except as otherwise provided in section 8 of this act,
be apportioned among the several school districts of the state at the
times and in the manner provided by law.

Sec. 10. NRS 387.040 is
hereby amended to read as follows:

387.040 1. Except as
otherwise provided in subsection 2 [,]and section 8 of this act, the state treasurer
shall pay over all public school money received by him only on warrants of the
state controller issued upon the orders of the superintendent of public
instruction in favor of county treasurers. When endorsed, the orders are valid
vouchers in the hands of the state controller for the disbursement of public
school money.

2. [If]Except as otherwise provided in section 8 of this act,
if the board of trustees of a school district establishes and
administers a separate account pursuant to the provisions of NRS 354.603, the
state treasurer shall pay over to the school district all public school money
due to the school district.

Sec. 11. NRS 387.124 is
hereby amended to read as follows:

387.124 Except as
otherwise provided in section 8 of this act:

1. On or
before August 1, November 1, February 1 and May 1 of each year, the
superintendent shall apportion the state distributive school account in the
state general fund among the several county school districts in amounts
approximating one-fourth of their respective yearly apportionments less any
amount set aside as a reserve. Apportionment computed on a yearly basis equals
the difference between the basic support and the local funds available. No
apportionment may be made if the amount of the local funds exceeds the amount
of basic support.

2. If the state controller finds that
such an action is needed to maintain the balance in the state general fund at a
level sufficient to pay the other appropriations from it, he may pay out the
apportionments monthly, each approximately one-twelfth of the yearly
apportionment less any amount set aside as a reserve. If such action is needed,
the state controller shall submit a report to the department of administration
and the fiscal analysis division of the legislative counsel bureau documenting
reasons for the action.

Sec. 12. NRS 387.185 is
hereby amended to read as follows:

387.185 1. Except as
otherwise provided in subsection 2 [,]and section 8 of this act, all school money
due each county school district must be paid over by the state treasurer to the
county treasurer on August 1, November 1, February 1 and May 1 of each year or
as soon thereafter as the county treasurer may apply for it, upon the warrant
of the state controller drawn in conformity with the apportionment of the
superintendent of public instruction as provided in NRS 387.124.

2. [If]Except as otherwise provided in section 8 of this
act, if the board of trustees of a school district establishes and
administers a separate account pursuant to the provisions of NRS 354.603, all
school money due to that school district must be paid over by the state
treasurer to the school district on August 1, November 1, February 1 and May 1
of each year or as soon thereafter as the school district may apply for it,
upon the warrant of the state controller drawn in conformity with the
apportionment of the superintendent of public instruction as provided in NRS
387.124.

3. No county school district may receive
any portion of the public school money unless that school district has complied
with the provisions of this Title and regulations adopted pursuant thereto.

Sec. 13. NRS 387.205 is
hereby amended to read as follows:

387.205 1. Money on deposit
in the county school district fund or in a separate account, if the board of
trustees of a school district has elected to establish such an account under
the provisions of NRS 354.603, must be used for:

(a) Maintenance and operation of public schools.

(b) Payment of premiums for Nevada industrial
insurance.

(c) Rent of schoolhouses.

(d) Construction, furnishing or rental of
teacherages, when approved by the superintendent of public instruction.

(e) Transportation of pupils, including the
purchase of new buses.

(f) Programs of nutrition, if such expenditures
do not curtail the established school program or make it necessary to shorten
the school term, and each pupil furnished lunch whose parent or guardian is
financially able so to do pays at least the actual cost of the lunch.

(h) Repayment of a loan
made from the state permanent school fund pursuant to section 7 of this act.

2. Money on deposit in the county school
district fund, or in a separate account, if the board of trustees of a school
district has elected to establish such an account under the provisions of NRS
354.603, when available, may be used for:

(a) Purchase of sites for school facilities.

(b) Purchase of buildings for school use.

(c) Repair and construction of buildings for
school use.

Sec. 14. NRS 354.685 is
hereby amended to read as follows:

354.685 1. If the department
finds that one or more of the following conditions exist in any local
government , after giving consideration to the
severity of the condition, it may determine that one or more hearings should be
conducted to determine the extent of the problem and to determine whether a
recommendation of severe financial emergency should be made to the Nevada tax
commission:

(a) Required financial reports have not been
filed or are consistently late.

(b) The audit report reflects the unlawful
expenditure of money in excess of the amount appropriated in violation of the
provisions of NRS 354.626.

(c) The audit report shows funds with deficit
fund balances.

(d) The local government has incurred debt
beyond its ability to repay.

(e) The local government has not corrected
violations of statutes or regulations adopted pursuant thereto as noted in the
audit report.

(f) The local government has serious internal
control problems noted in the audit report which have not been corrected.

(g) The local government has a record of being
late in its payments for services and supplies.

(h) The local government has had insufficient
cash to meet required payroll payments in a timely manner.

(i) The local government has borrowed money or
entered into long-term lease arrangements without following the provisions of
NRS or regulations adopted pursuant thereto.

(j) The governing body of the local government
has failed to correct problems after it has been notified of such problems by
the department.

(k) The local government has not separately
accounted for its individual funds as required by chapter 354 of NRS.

(l) The local government has invested its money
in financial instruments in violation of the provisions of chapter 355 of NRS.

(m) The local government is in violation of any
covenant in connection with any debt issued by the local government.

(n) The local government has not made bond and
lease payments in accordance with the approved payment schedule.

(o) The local government has failed to control
its assets such that large defalcations have occurred which have impaired the
financial condition of the local government.

(p) The local government has recognized sizeable
losses as a result of the imprudent investment of money.

(q) The local government has allowed its
accounting system and recording of transactions to deteriorate to such an
extent that it is not possible to measure accurately the results of operations
or to ascertain the financial position of the local government without a
reconstruction of transactions.

(r) The local government has consistently issued
checks not covered by adequate deposits.

(s) The local government has loaned and borrowed
money between funds without following the proper procedures.

(t) The local government has expended money in
violation of the provisions governing the expenditure of that money.

(u) Money restricted for any specific use has
been expended in violation of the terms and provisions relating to the receipt
and expenditure of that money.

(v) Money has been withheld in accordance with
the provisions of NRS 354.665.

(w) If the local
government is a school district, a loan has been made from the state permanent
school fund to the school district pursuant to section 7 of this act.

2. In addition to any notice otherwise
required, the department shall give notice of any hearing held pursuant to
subsection 1 to the governing body of each local government whose jurisdiction
overlaps with the jurisdiction of the local government whose financial
condition will be considered at least 10 days before the date on which the
hearing will be held.

3. If the department, following the
hearing or hearings, determines that a recommendation of severe financial
emergency should be made to the Nevada tax commission, it shall make such a
recommendation as soon as practicable. Upon receipt of such a recommendation,
the Nevada tax commission shall hold a hearing at which the department, the
local government whose financial condition will be considered and each local government whose jurisdiction overlaps with the jurisdiction of
the local government whose financial condition will be considered are afforded
an opportunity to be heard.

government whose jurisdiction overlaps with the jurisdiction
of the local government whose financial condition will be considered are
afforded an opportunity to be heard. If, after the hearing, the Nevada tax
commission determines that a severe financial emergency exists, it shall
require by order that the department take over the management of the local
government as soon as practicable.

Sec. 15. NRS 355.060 is
hereby amended to read as follows:

355.060 1. The state
controller shall notify the state treasurer monthly of the amount of uninvested
money in the state permanent school fund.

2. Whenever there is a sufficient amount
of money for investment in the state permanent school fund, the state treasurer
shall proceed to negotiate for the investment of the money in:

(a) United States bonds;

(b) Obligations or certificates of the Federal
National Mortgage Association, the Federal Home Loan Banks, the Federal Home
Loan Mortgage Corporation, the Federal Farm Credit Banks Funding Corporation or
the Student Loan Marketing Association, whether or not guaranteed by the United
States;

(c) Bonds of this state or of other states;

(d) Bonds of any county of the State of Nevada;

(e) United States treasury notes;

(f) Farm mortgage loans fully insured and
guaranteed by the Farmers Home Administration of the United States Department
of Agriculture; or

(g) Loans at a rate of interest of not less than
6 percent per annum, secured by mortgage on agricultural lands in this state of
not less than three times the value of the amount loaned, exclusive of
perishable improvements, of unexceptional title and free from all encumbrances.

3. In addition to the investments authorized by subsection 2, the
state treasurer may make loans of money from the state permanent school fund to
school districts pursuant to section 7 of this act.

4. No part
of the state permanent school fund may be invested pursuant to a
reverse-repurchase agreement.

Sec. 16. NRS 355.070 is
hereby amended to read as follows:

355.070 1. [The]Except as
otherwise provided in subsection 3, the state treasurer shall:

(a) Make diligent inquiry as to the financial
standing and responsibility of any state, county or person in whose bonds or
securities on agricultural lands he proposes to invest.

(b) Require the attorney general to:

(1) Give his written legal opinion as to
the validity of any act of any state or county under which the bonds or
securities are issued and authorized and in which the state treasurer
contemplates investment.

(2) Examine and give his written opinion
upon the title and the abstract of title of all agricultural land on which the
state contemplates taking mortgages.

2. If the state treasurer is satisfied as
to the financial standing and responsibility of the state or county whose bonds
or securities he proposes to purchase, or is satisfied of the financial
standing and responsibility of the person whose mortgages on agricultural land
are offered to the state, and the attorney general gives
his written opinion that the act under which the bonds or securities are issued
is valid and that the issues were regularly made, or approves the abstract of
title of the agricultural land proposed to be mortgaged, the state treasurer
may make the investment.

the attorney general gives his written opinion that the act
under which the bonds or securities are issued is valid and that the issues
were regularly made, or approves the abstract of title of the agricultural land
proposed to be mortgaged, the state treasurer may make the investment.

3. The provisions
of this section do not apply to loans of money from the state permanent school
fund made pursuant to section 7 of this act.

Sec. 17. NRS 374.785 is
hereby amended to read as follows:

374.7851. All fees,
taxes, interest and penalties imposed and all amounts of tax required to be
paid to counties under this chapter must be paid to the department in the form
of remittances payable to the department.

2. The department shall deposit the
payments in the state treasury to the credit of the sales and use tax account
in the state general fund.

3. The state controller, acting upon the
collection data furnished by the department, shall, each month, from the sales
and use tax account in the state general fund:

(a) Transfer 1 percent of all fees, taxes,
interest and penalties collected in each county during the preceding month to
the appropriate account in the state general fund as compensation to the state
for the costs of collecting the tax.

(b) Transfer 1 percent of all fees, taxes,
interest and penalties collected during the preceding month from out-of-state
businesses not maintaining a fixed place of business within this state to the
appropriate account in the state general fund as compensation to the state for
the costs of collecting the tax.

(c) Determine for each county the amount of
money equal to the fees, taxes, interest and penalties collected in the county
pursuant to this chapter during the preceding month less the amount transferred
pursuant to paragraph (a) of this subsection.

(d) Transfer the total amount of taxes collected
pursuant to this chapter during the preceding month from out-of-state
businesses not maintaining a fixed place of business within this state, less
the amount transferred pursuant to paragraph (b) of this subsection, to the
state distributive school account in the state general fund.

(e) [Transfer]Except as otherwise provided in section 8 of this
act, transfer the amount owed to each county to the intergovernmental
fund and remit the money to the credit of the county school district fund.

4. For the purpose of the distribution
required by this section, the occasional sale of a vehicle shall be deemed to
take place in the county to which the privilege tax payable by the buyer upon
that vehicle is distributed.

Sec. 18. Section
1 of Senate Bill No. 245 of this session is hereby amended to read as
follows:

Section 1. NRS
374.785 is hereby amended to read as follows:

374.785 1. All
fees, taxes, interest and penalties imposed and all amounts of tax required to
be paid to counties under this chapter must be paid to the department in the form
of remittances payable to the department.

2. The
department shall deposit the payments in the state treasury to the credit of
the sales and use tax account in the state general fund.

3. The state
controller, acting upon the collection data furnished by the department, shall,
each month, from the sales and use tax account in the state general fund:

(a) Transfer [1].5
percent of all fees, taxes, interest and penalties collected in each county
during the preceding month to the appropriate account in the state general fund
as compensation to the state for the costs of collecting the tax.

(b) Transfer [1].5 percent
of all fees, taxes, interest and penalties collected during the preceding month
from out-of-state businesses not maintaining a fixed place of business within
this state to the appropriate account in the state general fund as compensation
to the state for the costs of collecting the tax.

(c) Determine for each
county the amount of money equal to the fees, taxes, interest and penalties
collected in the county pursuant to this chapter during the preceding month
less the amount transferred pursuant to paragraph (a) of this subsection.

(d) Transfer the total
amount of taxes collected pursuant to this chapter during the preceding month
from out-of-state businesses not maintaining a fixed place of business within
this state, less the amount transferred pursuant to paragraph (b) of this
subsection, to the state distributive school account in the state general fund.

(e) Except
as otherwise provided in section 8 of [this act,]Senate Bill No. 468 of this session, transfer the
amount owed to each county to the intergovernmental fund and remit the money to
the credit of the county school district fund.

4. For the
purpose of the distribution required by this section, the occasional sale of a
vehicle shall be deemed to take place in the county to which the privilege tax
payable by the buyer upon that vehicle is distributed.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 40 of NRS
is hereby amended by adding thereto the provisions set forth as sections 2, 3
and 4 of this act.

Sec. 2. Complex matter means a claim:

1. In which the
claimant is a representative of a homeowners association that is responsible
for a residence or for an appurtenance and is acting
within the scope of his duties pursuant to chapter 116 or 117 of NRS; or

acting within the scope of his duties
pursuant to chapter 116 or 117 of NRS; or

2. That involves
five or more separate residences at the time the action is commenced or at any
time during the subsequent action.

Sec. 3. Notwithstanding any other provision of law:

1. A claimant
shall, within 10 days after commencing an action against a contractor, disclose
to the contractor all information about any homeowners warranty that is
applicable to the claim.

2. The contractor
shall, no later than 10 days after any settlement offer is made pursuant to
this chapter, disclose to the claimant any information about insurance
agreements that may be obtained by discovery pursuant to rule 26(b)(2) of the
Nevada Rules of Civil Procedure. Such disclosure does not affect the
admissibility at trial of the information disclosed.

3. Except as
otherwise provided in subsection 4, if either party fails to provide the
information required pursuant to subsection 1 or 2 within the time allowed, the
other party may petition the court to compel production of the information.Upon receiving such a petition, the court may order the
party to produce the required information and may award the petitioning party
reasonable attorneys fees and costs incurred in petitioning the court pursuant
to this subsection.

4. The parties may
agree to an extension of time to produce the information required pursuant to
this section.

5. For the
purposes of this section, information about insurance agreements is limited
to any declaration sheets, endorsements and contracts of insurance issued to
the contractor from the commencement of construction of the residence of the
claimant to the date on which the request for the information is made and does
not include information concerning any disputes between the contractor and an insurer
or information concerning any reservation of rights by an insurer.

Sec. 4. 1. Upon petition by a party:

(a) The court shall give
preference in setting a date for the trial of an action commenced pursuant to
NRS 40.600 to 40.695, inclusive, this section and sections 2 and 3 of this act;
and

(b) The court may assign
an action commenced pursuant to NRS 40.600 to 40.695, inclusive, this section
and sections 2 and 3 of this act to a senior judge.

2. If the action
is assigned to a senior judge upon petition by a party:

(a) Any additional
expenses caused by the assignment must be borne equally by each party involved;
or

(b) The judge may
distribute any additional expenses among the parties as he deems appropriate.

Sec. 5. NRS 40.600 is hereby
amended to read as follows:

40.600 As used in NRS 40.600 to 40.695,
inclusive, and sections 2, 3 and 4 of this act, unless
the context otherwise requires, the words and terms defined in NRS 40.605 to
40.630, inclusive, and section 2 of this act have
the meanings ascribed to them in those sections.

Sec. 6. NRS 40.605 is hereby
amended to read as follows:

40.605 Appurtenance means a structure,
installation, facility or amenity that is appurtenant to a residence, but is
not a part of the dwelling unit.

unit. The term includes, without limitation, the parcel of real property, recreational facilities,
golf courses, walls, sidewalks, driveways, landscaping and other structures,
installations, facilities and amenities associated with a residence.

Sec. 7. NRS 40.610 is hereby
amended to read as follows:

40.610 Claimant means an owner of a
residence or appurtenance or a representative of a homeowners association that
is responsible for a residence or appurtenance [.]and is acting within the scope of his duties pursuant to
chapter 116 or 117 of NRS.

Sec. 8. NRS 40.620 is hereby
amended to read as follows:

40.620 Contractor means a person who,
with or without a license issued pursuant to chapter 624 of NRS, by himself or
through his agents, employees or subcontractors:

1. [Constructs,]Develops, constructs, alters, repairs, improves
or landscapes a residence, appurtenance or any part thereof; [or]

2. Develops a site
for a residence, appurtenance or any part thereof; or

3. Sells a
residence or appurtenance, any part of which the person, by himself or through
his agents, employees or subcontractors, has developed, constructed,
altered, repaired, improved or landscaped.

[The term includes a risk
retention group which operates in compliance with chapter 695E of NRS and
insures all or any part of a contractors liability for the cost to repair a
residential constructional defect.]

Sec. 9. NRS 40.625 is hereby
amended to read as follows:

40.625 Homeowners warranty means a
warranty or [contract]policy of insurance [for
the protection of a homeowner which is issued by an insurer authorized to issue
such a warranty or contract in this state or issued]:

1. Issuedor purchased by or on behalf of a contractor [.]for the
protection of a claimant; or

2. Purchased by a
claimant pursuant to NRS 690B.100 to 690B.180, inclusive.

The term includes a warranty contract
issued by a risk retention group that operates in compliance with chapter 695E
of NRS and insures all or any part of the liability of a contractor for the
cost to repair a constructional defect in a residence.

Sec. 10. NRS 40.630 is
hereby amended to read as follows:

40.630 Residence means [a dwelling designed for not more than four families or
a unit in such a]any dwelling in
which title to the individual units is transferred to the owners .[pursuant to chapter
116 or 117 of NRS.]

Sec. 11. NRS 40.635 is
hereby amended to read as follows:

40.635 NRS 40.600 to 40.695, inclusive [:], and sections
2, 3 and 4 of this act:

1. Apply to [a
claim or cause of action which arises after]any claim that arises before, on or after July 1, 1995,
[to recover damages resulting, directly or
indirectly, from]as the result of
a constructional defect, except a claim for personal injury or wrongful death, [and prevail]if
the claim is the subject of an action commenced on or after July 1, 1995.

2. Prevail over
any conflicting law otherwise applicable to the claim or cause of action.

[2.]3. Do not bar or limit any defense
otherwise available except as otherwise provided in those sections.

4. Do not create a
new theory upon which liability may be based.

Sec. 12. NRS 40.640 is
hereby amended to read as follows:

40.640 In a claim [or
cause of action] to recover damages resulting from a constructional
defect, a contractor is liable for his acts or omissions or the acts or
omissions of his agents, employees or subcontractors and is not liable for any
damages caused by:

1. The acts or omissions of a person
other than the contractor or his agent, employee or subcontractor;

2. The failure of a person other than the
contractor or his agent, employee or subcontractor to take reasonable action to
reduce the damages or maintain the residence;

3. Normal wear, tear or deterioration;

4. Normal shrinkage, swelling, expansion
or settlement; or

5. Any constructional defect disclosed to
an owner before his purchase of the residence, if the disclosure was provided
in [a] language that is
understandable and was written in underlined and boldfaced type with capital
letters.

Sec. 13. NRS 40.645 is
hereby amended to read as follows:

40.645 Except as otherwise provided in
this section and NRS 40.670:

1. At least 60 days before a claimant [brings a cause of]commences an action against a contractor for damages
arising from a constructional defect, the claimant must give written notice by
certified mail, return receipt requested, to the contractor, at the
contractors last known address, specifying in reasonable detail the defects or
any damages or injuries to each residence or each unit
within a multiple unit residence that [are]is the subject of the [complaint.]claim.The notice must
describe in reasonable detail the cause of the defects if the cause is known,
and the nature and extent that is known of the damage or injury resulting from
the defects. In a complex matter, an expert opinion concerning the cause of the
defects and the nature and extent of the damage or injury resulting from the
defects based on a representative sample of the residences or of the units of
each multiple unit residence involved in the action satisfies the requirements
of this section. During the 35-day period after the contractor receives
the notice, on his written request, the contractor is entitled to inspect the
property that is the subject of the [complaint]claim to determine the nature and cause of the
defect, damage or injury and the nature and extent of repairs necessary to
remedy the defect. The contractor shall, before making
the inspection, provide reasonable notice of the inspection and must make the
inspection at a reasonable time. The contractor may take reasonable
steps to establish the existence of the defect.

2. If the
residence is covered by a homeowners warranty ,[or contract of
insurance issued by an insurer authorized by this state to issue such a
warranty or contract,] a claimant must diligently pursue a claim
under the warranty or contract.

[2.]3. Within 45 days after the contractor
receives the notice, the contractor may make a written offer of settlement to
the claimant. The offer:

(a) Must be served to the claimant by certified
mail, return receipt requested, at the claimants last known address.

(b) Must respond to each constructional defect
set forth in the claimants notice, and describe in reasonable detail the cause
of the defect, if known, the nature and extent of the damage or injury
resulting from the defect, and, unless the offer is limited to a proposal for
monetary compensation, the method, adequacy and estimated cost of the proposed
repair.

(c) May include:

(1) A proposal for monetary compensation.

(2) If the contractor is licensed to make
the repairs, an agreement by the contractor to make the repairs.

(3) An agreement by the contractor to
cause the repairs to be made, at the contractors expense, by another contractor
who is licensed to make the repairs, bonded and insured.

The repairs must be made within 45 days after the contractor
receives written notice of acceptance of the offer, unless completion is
delayed by the claimant or by other events beyond the control of the
contractor. The claimant and the contractor may agree in writing to extend the
periods prescribed by this section.

4. The periods
provided in subsections 1 and 3 must be extended by 60 days if the claim is a
complex matter. The parties may stipulate to a further extension.

5. Not later than
15 days before the mediation required pursuant to NRS 40.680 and upon providing
15 days notice, each party shall provide the other party, or shall make a
reasonable effort to assist the other party to obtain, all relevant reports,
photos, correspondence, plans, specifications, warranties, contracts,
subcontracts, work orders for repair, videotapes and soil and other engineering
reports that are not privileged.

6. If the claimant
is a representative of a homeowners association, the association shall submit
any offer of settlement made by the contractor to each member of the
association.

Sec. 14. NRS 40.650 is
hereby amended to read as follows:

40.650 1. If a claimant
unreasonably rejects a reasonable written offer of settlement made pursuant to
NRS 40.645 or does not permit the contractor or
independent contractor a reasonable opportunity to repair the defect pursuant
to an accepted offer of settlement and thereafter [files
a cause of]commences an action
governed by NRS 40.600 to 40.695, inclusive, and
sections 2, 3 and 4 of this act, the court in which the [cause of] action is [filed]commenced
may:

(a) Deny the claimants attorneys fees and
costs; and

(b) Award attorneys fees and costs to the
contractor.

Any sums paid under a homeowners warranty, other than sums
paid in satisfaction of claims that are collateral to any coverage issued to or
by the contractor, must be deducted from any recovery.

2. If a contractor fails to [make a reasonable]:

(a) Make an offer
of settlement [pursuant to NRS 40.645 or fails to
complete,];

(c) Complete, in a
good and workmanlike manner, the repairs specified in an accepted offer [,];

(d) Agree to a mediator
or accept the appointment of a mediator pursuant to NRS 40.680; or

(e) Participate in
mediation,

the limitations on damages and defenses to liability
provided in NRS 40.600 to 40.695, inclusive, and
sections 2, 3 and 4 of this act do not apply [.]and the claimant may commence an action without
satisfying any other requirement of NRS 40.600 to 40.695, inclusive, and
sections 2, 3 and 4 of this act.

3. If coverage under a homeowners warranty [or
contract of insurance] is denied by an insurer in bad faith, the
homeowner and the contractor have a right of action for the sums that would
have been paid if coverage had been provided, plus reasonable attorneys fees
and costs.

Sec. 15. NRS 40.655 is
hereby amended to read as follows:

40.655 1. Except as otherwise
provided in NRS 40.650, in a claim [or cause of
action] governed by NRS 40.600 to 40.695, inclusive, and sections 2, 3 and 4 of this act, the claimant may
recover only the following damages to the extent proximately caused by a
constructional defect:

(a) Any reasonable attorneys fees;

(b) The reasonable cost of any repairs already made that
were necessary and of any repairs yet to be made that are necessary to
cure any constructional defect that the contractor failed to cure and the
reasonable expenses of temporary housing reasonably necessary during the
repair;

(c) The reduction in market value of the
residence or accessory structure, if any, to the extent the reduction is
because of structural failure;

(d) The loss of the use of all or any part of the residence ;[during the time of the
repair;]

(e) The reasonable value of any other property
damaged by the constructional defect;

(f) Any additional costs reasonably
incurred by the claimant, including , but not
limited to, anycosts and fees incurred for
[hiring experts reasonably necessary to ascertain]the retention of experts to:

(1) Ascertain
the nature and extent of the constructional [defect;
and]defects;

(2) Evaluate
appropriate corrective measures to estimate the value of loss of use; and

(3) Estimate the
value of loss of use, the cost of temporary housing and the reduction of market
value of the residence; and

(g) Any interest provided by statute.

2. The amount of
any attorneys fees awarded pursuant to this section must be approved by the
court.

3. If a contractor
complies with the provisions of NRS 40.600 to 40.695, inclusive, and sections
2, 3 and 4 of this act, the claimant may not recover from the contractor, as a
result of the constructional defect, anything other than that which is provided
pursuant to NRS 40.600 to 40.695, inclusive, and sections 2, 3 and 4 of this
act.

4. As used
in this section, structural failure means physical damage to the load-bearing
portion of a residence or appurtenance caused by a failure of the load-bearing
portion of the residence or appurtenance.

Sec. 16. NRS 40.665 is
hereby amended to read as follows:

40.665 In addition to any other method
provided for settling a claim pursuant to NRS 40.600 to 40.695, inclusive, and sections 2, 3 and 4 of this act, a contractor may,
pursuant to a written agreement entered into with a claimant, settle a claim by
repurchasing the claimants residence and the real property upon which it is
located. The agreement may include [, without
limitation,] provisions which reimburse the claimant for:

1. The market
value of the residence as if no constructional defect existed, except that if a
residence is less than 2 years of age and was purchased from the contractor
against whom the claim is brought, the market value is the price at which the
residence was sold to the claimant;

2. The
value of any improvements made to the property by a person other than the
contractor;

[2.]3. Reasonable attorneys fees and fees for
experts; and

[3.]4. Any costs, including costs and expenses
for moving and costs, points and fees for loans.

Any offer of settlement made that
includes the items listed in this section shall be deemed reasonable for the
purposes of subsection 1 of NRS 40.650.

Sec. 17. NRS 40.670 is
hereby amended to read as follows:

40.670 1. A
contractor who receives written notice of a constructional defect resulting from
work performed by the contractor or his agent, employee or subcontractor which
creates an imminent threat to the health or safety of the inhabitants of the
residence shall take reasonable steps to cure the defect as soon as
practicable. The contractor shall not cure the defect by making any repairs for
which he is not licensed or by causing any repairs to be made by a person who
is not licensed to make those repairs. If the contractor fails to cure the
defect in a reasonable time, the owner of the residence may have the defect
cured and may recover from the contractor the reasonable cost of the repairs
plus reasonable attorneys fees and costs in addition to any other damages
recoverable under any other law.

2. A contractor
who does not cure a defect pursuant to this section because he has determined,
in good faith and after a reasonable inspection, that there is not an imminent
threat to the health or safety of the inhabitants is not liable for attorneys
fees and costs pursuant to this section, except that if a building inspector
employed by a governmental body with jurisdiction certifies that there is an
imminent threat to the health and safety of the inhabitants of the residence,
the contractor is subject to the provisions of subsection 1.

Sec. 18. NRS 40.680 is
hereby amended to read as follows:

40.680 1. [Before a complaint in a cause of action governed]Except as otherwise provided in this chapter, beforean action based on a claim governed by NRS 40.600
to 40.695, inclusive, and sections 2, 3 and 4 of this
act, may be [filed]commenced in court, the matter must be submitted to
mediation, unless mediation is waived in writing by the contractor and the
claimant.

2. The claimant and contractor must
select a mediator by agreement. If the claimant and contractor fail to agree
upon a mediator within 45 days after a mediator is first selected by the
claimant, either party may petition the American Arbitration Association, the
Nevada Arbitration Association, Nevada Dispute Resolution Services or any other
mediation service acceptable to the parties for the appointment of a mediator.
A mediator so appointed may discover only those documents or records which are
necessary to conduct the mediation. The mediator shall convene the mediation
within 60 days after the matter is submitted to him, unless the parties agree
to extend the time. [The]Except in a complex matter, the claimant shall, before the
mediation begins, deposit $50 with the mediation service and the contractor
shall deposit with the [mediator before mediation
begins the entire]mediation service the
remaining amount estimated by the [mediator]mediation service as necessary to pay the [salary]fees
and expenses of the mediator [,]for the first session of mediation, and the contractor shall deposit additional amounts
demanded by the [mediator]mediation service as incurred for that purpose. [The]In a complex
matter, each party shall share equally in the deposits estimated by the
mediation service. Unless otherwise agreed, the total fees for each day
of mediation and the mediator must not exceed $750 per day.

3. [If,
after undergoing mediation pursuant to subsection 2,]If the parties do not reach an agreement concerning the
matter [,]during
mediation or if the contractor fails to pay the required fees and appear,
the claimant may [file his complaint]commence his action in court and:

(a) The reasonable costs and fees of the
mediation are recoverable by the prevailing party as
costs of the action.

(b) [The claimant]Either party may petition the court in which the [complaint is filed]action is commenced for the appointment of a special
master.

4. A special master appointed pursuant to
subsection 3 may:

(a) Review all pleadings, papers or documents
filed with the court concerning the [cause of]
action.

(b) Coordinate the discovery of any books,
records, papers or other documents by the parties, including the disclosure of
witnesses and the taking of the deposition of any party.

(c) Order any inspections on the site of the
property by a party and any consultants or experts of a party.

(d) Order settlement conferences and attendance
at those conferences by any representative of the insurer of a party.

(e) Require any attorney representing a party to
provide statements of legal and factual issues concerning the [cause of] action.

(f) Refer to the judge who appointed him or to
the presiding judge of the court in which the [cause
of action is filed]action is commenced
any matter requiring assistance from the court.

The special master shall not, unless otherwise agreed by the
parties, personally conduct any settlement conferences or engage in any ex
parte meetings regarding the action.

5. Upon application by a party to the
court in which the [cause of action is filed,]action is commenced, any decision or other action
taken by a special master appointed pursuant to this
section may be appealed to the court for a [trial de novo.]

special master appointed pursuant to this section may be
appealed to the court for a [trial de novo.]decision.

6. A report issued by a mediator or
special master that indicates that either party has failed to appear before him
or to mediate in good faith is admissible in the [cause
of] action, but a statement or admission made by either party in
the course of mediation is not admissible.

Sec. 19. NRS 40.685 is
hereby amended to read as follows:

40.685 1. Except as
otherwise provided in subsection 2, a written waiver or settlement agreement
executed by a claimant after a contractor has corrected or otherwise repaired a
constructional defect does not bar a [cause of
action]claim for the
constructional defect if it is determined that the contractor failed to correct
or repair the defect properly.

2. The provisions of subsection 1 do not
apply to any written waiver or settlement agreement described in subsection 1 , unless:

(a) The claimant has obtained the opinion of an
expert concerning the constructional defect;

(b) The claimant has provided the contractor
with a written notice of the defect pursuant to NRS 40.645 and a copy of the
experts opinion; and

(c) The claimant and the contractor have
complied with the requirements for inspection and repair as provided in NRS
40.600 to 40.695, inclusive [.], and sections 2, 3 and 4 of this act.

3. If a claimant does not prevail in any [cause of] action which is not barred
pursuant to this section, the court may:

(a) Deny the claimants attorneys fees, fees
for an expert witness or costs; and

(b) Award attorneys fees and costs to the
contractor.

Sec. 20. NRS 40.690 is
hereby amended to read as follows:

40.690 [No
claim or cause of action]

1. A claim governed
by NRS 40.600 to 40.695, inclusive, and sections 2, 3
and 4 of this act may not be brought by a
claimant or contractor against any third parties, including a government,
governmental agency or political subdivision of a government, during the period
in which a claim [or cause of action]
for a constructional defect is being settled, mediated or otherwise resolved
pursuant to NRS 40.600 to 40.695, inclusive [.], and sections 2, 3 and 4 of this act. The
settlement of such a claim [or cause of action]
does not affect the rights or obligations of any person who is not a party to
the settlement, and the failure to reach such a settlement does not affect the
rights or obligations of the claimant or contractor in any action brought by
the claimant or contractor against a third party.

2. A contractor
may require any third party except an insurer, government, governmental agency
or political subdivision of a government to appear and participate in
proceedings pursuant to NRS 40.600 to 40.695, inclusive, and subsections 2, 3
and 4 of this act as if the third party were a contractor.

Sec. 21. NRS 40.695 is
hereby amended to read as follows:

40.695 [Any]

1. All statutes
of limitation or repose applicable to a claim [or
cause of action]based on a constructional
defect governed by NRS 40.600 to 40.695, inclusive, and sections 2, 3 and 4 of this act are tolled from the
time [a claimant provides] notice of the [claimed defect,
damage or injury to the contractor pursuant to NRS 40.645] claim is given,
until 30 days after mediation is concluded or waived in writing pursuant to NRS
40.680.

time [a claimant provides]
notice of the [claimed defect, damage or injury
to the contractor pursuant to NRS 40.645]claim
is given, until 30 days after mediation is concluded or waived in
writing pursuant to NRS 40.680.

2. Tolling under
this section applies to a third party regardless of whether the party is
required to appear in the proceeding.

Sec. 22. The amendatory
provisions of this act apply to actions that are commenced before, on or after
October 1, 1997.

________

CHAPTER 560, SB 489

Senate Bill No. 489Committee on Finance

CHAPTER 560

AN ACT relating to aging persons;
requiring the creation of a Nevada silver haired legislative forum to identify
and act upon issues of importance to aging persons; making an appropriation;
and providing other matters properly relating thereto.

[Approved July 16, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 427A of NRS
is hereby amended by adding thereto the provisions set forth as sections 2 to
11, inclusive, of this act.

Sec. 2. The division shall establish the Nevada silver haired
legislative forum to identify and act upon issues of importance to aging
persons.

Sec. 3. 1. The governor shall appoint 21 persons to the
Nevada silver haired legislative forum, of whom not more than 11 may be members
of the same political party. The governor shall appoint from each senatorial
district a number of members equal to the number of state senators that
represent the senatorial district.

2.Appointments to the Nevada silver haired legislative forum
must be made by the governor before December 1 of an odd-numbered year. The
term of a member begins on December 1 of the odd-numbered year of appointment.

3.The members of the Nevada silver haired legislative forum from
Clark County senatorial districts 2, 3, 4, 7 and 8, Washoe County senatorial
districts 1 and 3, the Capital senatorial district and the Western Nevada
senatorial district serve an initial term of 1 year. The eight members of the
Nevada silver haired legislative forum from the remaining senatorial districts
serve an initial term of 2 years. After the initial terms, each member serves a
term of 2 years.

Sec. 4. A member of the Nevada silver haired legislative forum must:

1. Have been a
resident of this state for 5 years immediately preceding his appointment;

2. Have been a
registered voter in the senatorial district that he is to represent for 3 years
immediately preceding his appointment; and

3. Be at least 60
years of age on the day that he is appointed.

Sec. 5. Members of the national silver haired congress from this state
shall serve as ex officio members of the Nevada silver haired legislative forum.
If a member of the national silver haired congress ceases to be a member of the national silver haired congress, the ex officio
membership of that person in the Nevada silver haired legislative forum
terminates.

member of the national silver haired
congress, the ex officio membership of that person in the Nevada silver haired
legislative forum terminates. An ex officio member of the Nevada silver haired
legislative forum has the same rights and responsibilities as the members who
are appointed.

(b) The illness of a
member that prevents him from attending three consecutive meetings of the
Nevada silver haired legislative forum.

(c) The absence of a
member for any reason from three consecutive meetings of the Nevada silver
haired legislative forum.

2. If a vacancy
occurs, the governor shall appoint a person to serve the remainder of the
unexpired term. The governor may appoint a person whose membership in the
national silver haired congress has ended to fill a vacancy in the Nevada silver
haired legislative forum.

Sec. 7. The Nevada silver haired legislative forum shall elect from
among its members, to serve a term of 1 year:

1. A president,
who shall conduct meetings and oversee the formation of committees as necessary
to accomplish the purposes of the Nevada silver haired legislative forum.

2. A vice
president, who shall assist the president and conduct meetings of the Nevada
silver haired legislative forum if the president is absent or otherwise unable
to perform his duties.

3. A secretary,
who shall:

(a) Prepare and keep a
record of meetings, including, without limitation, the date, time, place and
purpose of every meeting; and

(b) At the first meeting
every year of the Nevada silver haired legislative forum, prepare a list of the
dates of the meetings that are scheduled for the year.

4. A treasurer,
who shall prepare and keep a list of the expenses of the Nevada silver haired
legislative forum to be sent to the division for payment.

Sec. 8. The Nevada silver haired legislative forum may:

1. Meet 1 day each
month during the regular session of the legislature in the legislative building
in Carson City.

2. Meet and hold
public hearings at least 1 day during each of the months of June, July and
August during each even-numbered year.

3. Comply with
chapter 241 of NRS.

Sec. 9. The Nevada silver haired legislative forum may:

1. Submit a report
containing topics for possible legislative action to the governor before
September 1 of each even-numbered year.

2. Accept gifts,
grants and donations that must be deposited in the state treasury for credit to
the aging services divisions gift account in the department of human
resources gift fund. A gift, grant or donation to the Nevada silver haired
legislative forum may be expended only in carrying out the duties of the Nevada
silver haired legislative forum.

3. Adopt
procedures to conduct meetings of the Nevada silver haired legislative forum
and committees thereof. These procedures may be changed upon approval of a
majority vote of all members of the Nevada silver haired legislative forum who
are present and voting.

2. Each member of
the Nevada silver haired legislative forum is entitled to receive for
attendance at a meeting of the Nevada silver haired legislative forum or a
committee thereof the per diem allowance and travel expenses provided for state
officers and employees generally.

Sec. 11. The division may adopt such regulations as are necessary to
carry out the provisions of sections 2 to 11, inclusive, of this act.

Sec. 12. 1. There
is hereby appropriated from the state general fund to the aging services
division of the department of human resources the sum of $5,000 for the per
diem allowance and travel expenses of members of the Nevada silver haired
legislative forum. Each member may receive from this appropriation a maximum of
1 day of per diem allowance and travel expenses.

2. Any remaining balance of the
appropriation made by subsection 1 must not be committed for expenditure after
June 30, 1999, and reverts to the state general fund as soon as all payments of
money committed have been made.

Sec. 13. This act becomes
effective on July 1, 1997.

________

CHAPTER 561, SB 491

Senate Bill No. 491Committee on Finance

CHAPTER 561

AN ACT relating to state lands;
authorizing Washoe County to use a portion of the fairgrounds land leased from
the State of Nevada for the construction and maintenance of a county public
building complex; exempting such land from a statutory trust; making
legislative findings; directing the execution of an amendatory lease; and
providing other matters properly relating thereto.

[Approved July 16, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. The Legislature
finds that:

1. By the provisions of chapter XXVII,
Statutes of Nevada 1887, the Nevada state agricultural society, a state
institution, was empowered to expend appropriated money to purchase and improve
fairgrounds, the title of such acquired property to be vested in the State of
Nevada for the sole use and benefit of the State of Nevada.

2. On March 9, 1889, the Nevada state
agricultural society caused the NE 1/4 SW 1/4 and SE 1/4 NW 1/4 of Section 1,
T. 19 N., R. 19 E., M.D.B. & M., in Washoe County, Nevada, to be conveyed
to the State of Nevada in pursuance of chapter XXVII, Statues of Nevada 1887.

3. On May 1, 1951, the state board of
agriculture, pursuant to chapter 251, Statutes of Nevada 1951, leased the
property described in subsection 2 (approximately 80 acres less a described
area of 2.904 acres) to Washoe County, Nevada, for 50
years with the express provision that the lessee recognized the trust imposed
by Chapter XXVII, Statutes of Nevada 1887, * * * and agrees to manage, control
and properly maintain the said property subject to said trust.

County, Nevada, for 50 years with the express provision that
the lessee recognized the trust imposed by Chapter XXVII, Statutes of Nevada
1887, * * * and agrees to manage, control and properly maintain the said
property subject to said trust.

4. On August 3, 1971, an amendment made
pursuant to chapter 295, Statutes of Nevada 1971, extended the term of the May
1, 1951, lease to March 21, 2050, upon the same terms.

5. The limited building expansion
capacity of Washoe County coupled with the growth of the county dictate the
necessity for providing additional countys building space within the next 15
years, and the long-term growth envisaged can only be accommodated through the
construction of additional facilities in a location that is contiguous to
existing facilities and allows sufficient area for planned expansion.

6. A portion of the premises leased by
the State of Nevada to Washoe County on May 1, 1951, provides an excellent site
for the construction of a county building complex, having accessibility to the
developing highway transportation system, proximity to the residents of the
cities of Reno and Sparks and the availability of free public parking.

7. On September 2, 1972, Washoe County
executed a lease with the Nevada State Fair, Inc., a nonprofit corporation, by
the terms of which the Washoe County fairgrounds were leased to the Nevada
State Fair, Inc., for 25 years for a nominal rent for the purpose of conducting
the annual Nevada State Fair; that such lease was amended on September 5, 1975,
specifically exempting 13.503 acres from the original lease and reserving such
parcel for the exclusive use of Washoe County, subject to compatible use by the
Nevada State Fair, Inc., on official fair days.

8. In addition to its administrative
building and senior citizen center constructed on the 13.503 acres subject to
the lease executed on September 2, 1972, described above, Washoe County needs a
regional emergency operations center, regional dispatch center and additional
parking for these and the other facilities at this location and for the reasons
stated in subsection 6, construction and operation of a regional emergency
operation facility, regional dispatch center and additional parking on a
portion of the Washoe County fairgrounds is desirable.

Sec. 2. 1. Upon
the effective date of this act, the Administrator of the Division of State
Lands of the State Department of Conservation and Natural Resources, as ex
officio State Land Registrar, is directed forthwith to execute an amended lease
with Washoe County, Nevada, whereby the real property described in section 3 of
this act shall be exempt from any trust imposed by the statutes enumerated in
section 1 of this act and shall be made immediately available for use by Washoe
County during the term of the existing lease expiring on March 21, 2050, for
the purposes of constructing and maintaining thereon a county public building
complex.

2. The amended lease directed to be
executed by subsection 1 shall not affect the term of the lease from the State
of Nevada to Washoe County, which term expires, unless otherwise directed by
the Legislature, on March 21, 2050; and as provided in subsection 2 of chapter
295, Statutes of Nevada 1951, upon the expiration of the term of the lease on
March 21, 2050, the property and all improvements thereon
shall revert to the State of Nevada.

2050, the property and all improvements thereon shall revert
to the State of Nevada.

Sec. 3. The real property to
be exempt from any trust imposed by the statutes enumerated in section 1 of
this act and to be made immediately available for use by Washoe County as
specified in section 2 of this act is described as follows:

All that certain piece or parcel of land situate in
the southwest 1/4 of section 1, township 19 north, range 19 east, M.D.M. and
being more particularly described as follows:

Beginning at the intersection of the east right-of-way line
of North Wells Avenue and the north right-of-way line of East Ninth Street in
the City of Reno, County of Washoe, State of Nevada, said intersection being
the point of beginning; thence North 1°43’54²
East, 779.20 feet along the east right-of-way line of said North Wells Avenue;
thence leaving said right-of-way and proceeding South 88°12’41² east 669.35 feet to a point on the west
right-of-way line of Sutro Street; thence south 0°33’14²
west, 690.66 feet along the west right-of-way of Sutro Street to the point of
intersection with the north right-of-way line of East Ninth Street; thence
along the north right-of-way line of East Ninth Street, north 89°16’47² west 1272.65 feet to the said point of
beginning and containing an area of 21.3 acres more or less.

AN ACT relating to state employees;
establishing the maximum allowed salaries for employees in the unclassified
service of the state; making appropriations; and providing other matters
properly relating thereto.

[Approved July 16, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. The following
state officers and employees in the unclassified service of the State of Nevada
are entitled to receive annual salaries of not more than the approximate
maximum amounts set forth following their specified titles or positions:

Sec. 2. 1. If
any unclassified position is omitted from this act for the fiscal years 1997-98
and 1998-99, the department of personnel shall examine the duties and
responsibilities of the position and submit to the interim finance committee a
list of those duties and responsibilities and a recommended salary for the
position. The interim finance committee shall review the duties and
responsibilities of the position and establish the salary for the position.

2. The interim finance committee may
establish the title and salary for any positions affected by reorganization
pursuant to legislation enacted by the 69th session of the Nevada Legislature.

Sec. 3. The approximate
maximum salaries as set forth in sections 1 and 2 of this act shall be
increased by three percent effective July 1, 1998.

Sec. 4. 1. There
is hereby appropriated from the state general fund to the state board of
examiners for reimbursement to any department, commission or agency of the
State of Nevada, including the judicial branch of government, which receives
part or all of its funding from the state general fund, for the difference
between the maximum amount allowed in sections 1, 2 and 3 of this act and the
amount budgeted for that purpose:

For the fiscal year 1997-98.......................................................................... $1,386,450

For the fiscal year 1998-99.......................................................................... $2,542,743

2. There is hereby appropriated from the
state highway fund to the state board of examiners for reimbursement to a state
agency which receives part or all of its funding from the state highway fund,
for the difference between the maximum amount allowed in sections 1, 2 and 3 of
this act and the amount budgeted for that purpose:

For the fiscal year 1997-98............................................................................. $121,917

For the fiscal year 1998-99............................................................................. $197,445

Sec. 5. There is hereby
appropriated from the state general fund to the state board of examiners the
sum of $180,164 for fiscal year 1998-99 to provide an approximate one percent
salary increase effective July 1, 1998, to the staff of the state gaming
control board, except members of the gaming control board, which is in addition
to the approximate maximum salaries set forth in subsection 13 of section 1 and
section 3 of this act.

Sec. 6. 1. The
state gaming control board may adopt a plan to authorize additional payments of
up to $5,000 annually for unclassified employees who possess a current Nevada
Certified Public Accountant Certificate, a license to practice law in the State
of Nevada or any other state, or possess a Bachelor of Science or higher degree
in engineering or electronic engineering and utilize, in the opinion of the
board, the skills evidenced by these qualifications to further enhance the
performance of their job duties and responsibilities.

2. There is hereby appropriated from the
state general fund to the state board of examiners the sum of $170,500 for the
fiscal year 1997-98 and $177,500 for the fiscal year 1998-99 for the additional
cost of subsection 1 of this section.

Sec. 7. The money
appropriated for fiscal years 1997-98 and 1998-99, in sections 4, 5 and 6 of
this act is available for both fiscal years 1997-98 and 1998-99, and may be
transferred from one fiscal year to the other with the approval of the governor
upon recommendation of the chief of the budget division of the department of
administration. Any balance of that money must not be committed for expenditure
after June 30, 1999, and reverts to the fund from which it was appropriated as
soon as all payments of money committed have been made.

Sec. 8. This act becomes
effective on July 1, 1997.

________

κ1997
Statutes of Nevada, Page 2738κ

CHAPTER 563, SB 495

Senate Bill No. 495Committee on Finance

CHAPTER 563

AN ACT relating to juveniles; authorizing
the director of the department of administration to enter into a contract to
finance, acquire and construct a correctional facility for juveniles; and
providing other matters properly relating thereto.

[Approved July 16, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. As used in this
act, unless the context otherwise requires, the words and terms defined in
sections 2 to 6, inclusive, of this act have the meanings ascribed to them in
those sections.

Sec. 2. Contractor means a
person who has entered into a contract with the department pursuant to the
provisions of section 7 of this act.

Sec. 3. Correctional
services includes the following functions, services and activities when
provided with regard to the facility:

1. The operation of the facility,
including management, custody of juveniles and security;

2. Services for food, medical attention,
transportation and sanitation, a commissary and other ancillary services;

3. The development and implementation of
systems for classification, management and information and other similar
services;

4. Education, training and programs for
employment;

5. Counseling, treatment programs and
other similar programs; and

6. Physical education and recreational
activities.

Sec. 4. Department means
the department of administration.

Sec. 5. Director means the
director of the department.

Sec. 6. Facility means a
facility to provide correctional services to juveniles that is financed,
acquired, constructed and operated pursuant to the provisions of this act,
including:

1. Any improvement;

2. Any preliminary plan, study or survey
related to the plan;

3. The land or the right to the land; and

4. Any furnishings, machines, vehicles,
apparatus or equipment used in connection with the facility.

Sec. 7. 1. The
director may, to the extent of legislative appropriations and authorizations,
enter into a single contract to finance, acquire and construct the facility.
The contract may include a provision that requires the contractor to provide
correctional services for the facility. The provisions of this subsection do
not prohibit the department or any other state agency from providing correctional
services for the facility.

2. The contract may include an assignable
lease or installment purchase agreement for the facility. The lease or
agreement constitutes a debt of the State of Nevada in an amount determined by
the state board of examiners not exceeding $20,000,000.

3. Money for the payment of the debt
incurred pursuant to this section will be provided for in the annual tax
imposed for the payment of the obligations of the State
of Nevada from the consolidated bond interest and redemption fund or by other
legislative act.

obligations of the State of Nevada from the consolidated
bond interest and redemption fund or by other legislative act. The provisions
of NRS 349.238 to 349.248, inclusive, apply to the payment of the debt. Any
interest on the debt must be paid at least semiannually and the principal must
be paid within 20 years after the date the contract is approved by the state
board of examiners.

4. Except for debt incurred as provided
in subsection 1, all payments of money required by the contract authorized
pursuant to the provisions of subsection 1 must be subject to biennial
appropriation by the legislature and must not be due and payable unless an
appropriation is made.

5. The department may request that
proposals for correctional services be submitted and must specify the
requirements for the proposal.

6. A proposal submitted to the department
must:

(a) Meet the requirements specified in the
request; and

(b) Set a fixed price for the services offered.

7. The contract to finance, acquire and
construct the facility is exempt from the provisions relating to bids set forth
in NRS 341.145 to 341.151, inclusive.

Sec. 8. The department may
not enter into a contract that includes provisions for correctional services
unless the contractor provides:

1. Evidence of his qualifications,
experience and ability to comply with applicable court orders and correctional
standards for juveniles.

2. A plan of indemnification for
liability, including indemnity for civil rights claims. The plan must protect
the state from all claims and losses incurred as a result of the contract. The
provisions of this subsection do not deprive the contractor or the state of the
benefits of any law that limits its exposure to liability for damages.

3. Evidence of past performance of
similar contracts, including audited financial statements for the past 5 years,
and other financial information as requested by the department.

4. Management personnel necessary to
carry out the terms of the contract.

Sec. 9. The contract entered
into pursuant to the provisions of this act:

1. May be entered into for not more than
20 years.

2. Must provide:

(a) Internal and perimeter security to protect
the public, employees and juveniles at the facility that is approved by the
department.

(b) Discipline for juveniles at the facility in
accordance with applicable standards and procedures that comply with the
standards and procedures of the department.

(c) Food, clothing, housing and medical care for
juveniles at the facility.

Sec. 10. The director of the
department shall request a supplemental appropriation in the budget of the department
submitted to the 70th session of the Nevada legislature for any necessary
funding relating to the operation of the facility, if the facility is completed
before July 1, 1999.

Sec. 11. This act becomes
effective upon passage and approval.

________

κ1997
Statutes of Nevada, Page 2740κ

CHAPTER 564, SB 496

Senate Bill No. 496Committee on Finance

CHAPTER 564

AN ACT relating to state employees;
establishing a maximum allowed salary for certain employees in the unclassified
service of the state; and providing other matters properly relating thereto.

[Approved July 16, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Notwithstanding
the provisions of section 1 of Senate Bill No. 493 of this session, the
following state employees in the unclassified service of the State of Nevada
are entitled to receive annual salaries of not more than the approximate
maximum amounts set forth following their specified titles or positions:

Sec. 2. The
provisions of sections 2 to 7, inclusive, of Senate Bill No. 493 of this
session apply to the provisions of section 1 of this act as if those provisions
were contained in section 1 of Senate Bill No. 493 of this session.

Sec. 3. This act becomes
effective on July 1, 1997.

________

κ1997
Statutes of Nevada, Page 2741κ

CHAPTER 565, AB 508

Assembly Bill No. 508Committee on Government Affairs

CHAPTER 565

AN ACT relating to local governmental
financial administration; requiring a city or county that imposes certain fees
upon a public utility to provide to the public utility information concerning
the identification of its customers; requiring a public utility to pay certain
fees in legal tender of the United States; prohibiting a public utility from
collecting certain delinquent fees from its customers; authorizing a city or
county to provide by ordinance that certain fees imposed on a public utility
may be collected from a governmental entity of the state if that entity is a
customer of the public utility; prohibiting certain local governments from
selling telecommunications service or the services of a community antenna
television system to the general public; limiting the authority of certain
local governments to purchase or construct facilities for providing
telecommunications; limiting the authority of certain local governments to
impose terms and conditions on franchises for the provision of
telecommunications service, interactive computer service or the services of a
community antenna television system; and providing other matters properly
relating thereto.

[Approved July 16, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 354 of NRS
is hereby amended by adding thereto the provisions set forth as sections 1.5 to
8, inclusive, of this act.

Sec. 1.5. Community antenna television company has the meaning
ascribed to it in NRS 711.030.

Sec. 2. Customer does not include any customer of a provider of a
telecommunication service other than a retail customer.

Sec. 3. Delinquent amount means any portion of a fee collected from
a customer by a public utility that is not paid to the city or county by the
public utility within 30 days after the last day of the quarter in which the
fee is due.

Sec. 4. Fee means a charge imposed by a city or county upon a public
utility for a business license, franchise or right of way over streets or other
public areas, except:

1. Any charge paid
pursuant to the provisions of NRS 709.110, 709.230 or 709.270; or

2. A term or
condition of a franchise granted by:

(a) A county whose
population is 400,000 or more, or by an incorporated city that is located in
whole or in part within such a county, that requires a community antenna
television company to provide channels for public, educational or governmental
access.

(b) A county or an
incorporated city not specified in paragraph (a) that requires a community
antenna television company to provide channels, facilities or equipment for
public, educational or governmental access.

Sec. 6. Personal wireless service has the meaning ascribed to it in
47 U.S.C. § 332(c)(7)(C) as that provision exists on the effective date of this
act.

Sec. 7. Public utility includes:

1. A person or
local government that:

(a) Provides electric
energy or gas, whether or not the person or local government is subject to
regulation by the public service commission of Nevada;

(b) Is a
telecommunication carrier as that term is defined in 47 U.S.C. § 153 on the
effective date of this act, if the person or local government holds a
certificate of public convenience and necessity issued by the public service
commission of Nevada and derives intrastate revenue from the provision of
telecommunication service to retail customers; or

(c) Sells or resells
personal wireless services.

2. A community
antenna television company as that term is defined in NRS 711.030.

Sec. 8. Revenue does not include:

1. Any proceeds
from the interstate sale of natural gas to a provider of electric energy that
holds a certificate of public convenience and necessity issued by the public
service commission of Nevada;

2. Any revenue of
a provider of a telecommunication service other than intrastate revenue that
the provider collects from retail customers; or

3. The amount
deducted from the gross revenue of a community antenna television company
pursuant to paragraph (b) of subsection 2 of NRS 711.200.

Sec. 9. NRS 354.59881 is
hereby amended to read as follows:

354.59881 As used in NRS 354.59881 to 354.59889,
inclusive, unless the context otherwise requires [:

1. Customer does
not include any customer of a provider of a telecommunication service other
than a retail customer.

2. Fee means a
charge imposed upon a public utility for a business license, a franchise or a
right of way over streets or other public areas, except any paid pursuant to
the provisions of NRS 709.110, 709.230 or 709.270.

3. Jurisdiction
means:

(a) In the case of a
city, the corporate limits of the city.

(b) In the case of a
county, the unincorporated area of the county.

4. Public
utility means a person or local government that provides:

(a) Electric energy or
gas, whether or not the person or local government is subject to regulation by
the public service commission of Nevada;

(b) A telecommunication
service, if the person or local government holds a certificate of public
convenience and necessity issued by the public service commission of Nevada and
derives intrastate revenue from the provision of that service to retail
customers; or

(c) A commercial mobile
radio service as that term is defined in 47 C.F.R. § 20.3 on July 5, 1995.

(a) Any proceeds from the
interstate sale of natural gas to a provider of electric energy which holds a
certificate of public convenience and necessity issued by the public service
commission of Nevada.

(b) Any revenue of a
provider of a telecommunication service other than intrastate revenue.],the words and
terms defined in sections 1.5 to 8, inclusive, of this act have the meanings
ascribed to them in those sections.

Sec. 10. NRS 354.59883 is
hereby amended to read as follows:

354.59883 A city or county shall not
adopt an ordinance imposing or increasing a fee:

1. If that ordinance would alter the
terms of any existing franchise agreement between the city or county and a
public utility.

2. That applies to any public utility
which does not derive revenue from customers located within the jurisdiction of
the city or county.

3. If, after the adoption of the
ordinance:

(a) Any part of a fee to which the ordinance
applies will be based upon any revenue of a public utility other than its
revenue from customers located within the jurisdiction of the city or county.

(b) The total amount of all fees the city or
county imposes upon a public utility to which the ordinance applies will
exceed:

(1) Except as otherwise provided in
subparagraph (2), 5 percent of the utilitys gross revenue from customers
located within the jurisdiction of the city or county.

(2) For a public utility that [provides a commercial mobile radio service,]sells or resells personal wireless services, 5
percent of its gross revenue from the first $15 charged monthly for each line
of access for each of its customers who has a billing
address located within the jurisdiction of the city or county. [For the purposes of this subparagraph, commercial
mobile radio service has the meaning ascribed to it in Part 20 of Title 47 of
the Code of Federal Regulations.]

Sec. 11. NRS 354.59885 is
hereby amended to read as follows:

354.59885 If a city or county adopts an
ordinance imposing or increasing a fee:

1. Each public utility to which the
ordinance applies or which intends to derive revenue from customers located
within the jurisdiction of the city or county shall, not later than 60 calendar
days after the effective date of the ordinance or 30 calendar days before the
public utility begins to provide electric energy, gas or a telecommunication
service to those customers, whichever occurs later, provide to the city or
county:

(a) An acknowledgment that the public utility is
operating or intends to operate within the jurisdiction of that city or county;
and

(b) The date when the public utility began or
intends to begin to derive revenue from customers located within the
jurisdiction of the city or county.

2. In addition to the requirements of subsection
1, each public utility to which the ordinance applies shall, not later than 30
calendar days after the end of each calendar quarter, provide to the city or
county a statement of the amount of revenue the public utility derived during
that calendar quarter from the sale of electric energy, gas or a
telecommunication service to each of its customers located within the
jurisdiction of that city or county.

3. The city or
county shall, at no charge, provide to each public utility to which the
ordinance applies any information that is necessary to identify each customer
that is affected by the fee imposed or increased by the city or county,
including the address of each customer. If the public utility requests the city
or county to provide the information in a specific form, the city or county may
charge a fee for the cost of providing the information in that form.

4. Upon receipt of
the information that the city or county is required to provide pursuant to the
provisions of subsection 3, the public utility may indicate on the bills that
it sends to its customers the fee that is imposed or increased by the city or county.

5. A public
utility that indicates the fee on the bills it sends to its customers pursuant
to the provisions of subsection 4:

(a) Shall be deemed to
have complied with the provisions of this section and NRS 354.59887; and

(b) Is not liable to the
city or county for any damages for the failure to comply with the provisions of
this section and NRS 354.59887,

if it reasonably relies upon the
information that it receives from the city or county pursuant to the provisions
of subsection 3.

Sec. 12. NRS 354.59887 is
hereby amended to read as follows:

354.59887 If a city or county adopts an
ordinance imposing or increasing a fee:

1. The entire amount of any fee to which
the ordinance applies must be [imposed]:

(a) Imposed at the
same rate upon each public utility that provides similar services within the
jurisdiction of the city or county [.]; and

(b) Paid by the public
utility to the city or county in legal tender of the United States or in a
check, draft or note that is payable in legal tender of the United States.

2. The city or county:

(a)Shall require [the quarterly payment of all fees imposed upon]
each public utility to which the ordinance applies [.]to pay quarterly the fees imposed upon it that it
has collected from its customers.

(b) May, to the extent it determines that it is
impracticable to collect from a public utility to which the ordinance applies
any of the fees [it imposes]imposed upon the public utility, collect any of those
fees directly from the customers of the public utility located within the
jurisdiction of the city or county in proportion to the amount of revenue the
public utility derives from each of those customers.

(c) May, except as otherwise provided in this
paragraph, assess combined penalties and interest of not more than 2 percent
per month of the delinquent amount of any fee to which the ordinance applies.
If a city annexes any land, it may not assess any penalties or interest
pursuant to this paragraph regarding any fee imposed for the operation of a public
utility within the annexed land during any period:

(1) Before the effective date of the
annexation; or

(2) More than 30 days before the city
provides the public utility with notice of the annexation,

(d) May provide, by
ordinance, that the fees imposed upon the public utility may be collected from
a governmental entity of the state if that entity is a customer of the public
utility.

3. A public utility to which the
ordinance applies shall, except for any fees collected by the city or countypursuant to paragraph (b) of subsection 2, collect the
aggregate of all its fees imposed by the city or county directly from its
customers located within the jurisdiction of the city or county in proportion
to the amount of revenue the public utility derives from each of those
customers. The fees may be shown on a customers bill individually or collectively.

4. A public
utility to which the ordinance applies shall not collect from a customer any
penalties or interest assessed pursuant to paragraph (c) of subsection 2.

Sec. 13. NRS 354.59889 is
hereby amended to read as follows:

354.59889 Except as otherwise provided by
agreement with all the affected public utilities:

1. A city or county shall not change any
of its fees except through the adoption of an ordinance which provides that the
change does not become effective until at least [60
days after the effective date of the ordinance.]90 days after the city or county complies with the provisions
of subsection 3 of NRS 354.59885.

2. The cumulative amount of any increases
in fees imposed by a city or county during any period of 24 months must not
exceed 1 percent of the gross revenue of any public utility to which the
increase applies from customers located within the jurisdiction of that city or
county.

Sec. 14. Chapter 268 of NRS
is hereby amended by adding thereto the provisions set forth as sections 15 and
16 of this act.

Sec. 15. 1. The governing body of an incorporated city
whose population is 25,000 or more:

(a) Shall not sell
telecommunications service to the general public.

(b) May purchase or
construct facilities for providing telecommunications that intersect with
public rights of way if the governing body:

(1) Conducts a
study to evaluate the costs and benefits associated with purchasing or
constructing the facilities; and

(2) Determines
from the results of the study that the purchase or construction is in the
interest of the general public.

2. Any information
relating to the study conducted pursuant to subsection 1 must be maintained by
the city clerk and made available for public inspection during the business
hours of the office of the city clerk.

3. Notwithstanding
the provisions of paragraph (a) of subsection 1, an airport may sell
telecommunications service to the general public.

4. As used in this
section:

(a) Telecommunications
has the meaning ascribed to it in 47 U.S.C. § 153(43), as that section existed
on the effective date of this act.

(b) Telecommunications
service has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section
existed on the effective date of this act.

Sec. 16. The governing body of an incorporated city whose population is
25,000 or more shall not:

1. Impose any
terms or conditions on a franchise for the provision of telecommunications
service or interactive computer service other than terms or conditions
concerning the placement and location of the telephone or telegraph lines and
fees imposed for a business license or the franchise, right or privilege to
construct, install or operate such lines.

2. Require a
company that provides telecommunications service or interactive computer
service to obtain a franchise if it provides telecommunications service over
the telephone or telegraph lines owned by another company.

3. Require a
person who holds a franchise for the provision of telecommunications service to
place its facilities in ducts or conduits or on poles owned or leased by the
city.

4. As used in this
section:

(a) Interactive computer
service has the meaning ascribed to it in 47 U.S.C. § 230(e)(2), as that
section existed on the effective date of this act.

(b) Telecommunications
service has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section
existed on the effective date of this act.

Sec. 17. NRS 268.730 is
hereby amended to read as follows:

268.730 [Any]Except as otherwise provided in sections 15 and 16
of this act, any governing body of a municipality, upon its behalf and
in its name, may at any time or from time to time acquire, improve, equip,
operate and maintain, within or without or both within and without the
municipality:

1. A building project;

2. A cemetery project;

3. A communications project;

4. A drainage project or flood control
project;

5. An electric project;

6. A fire protection project;

7. An offstreet parking project;

8. An overpass project;

9. A park project;

10. A recreational project;

11. A refuse project;

12. A sewerage project;

13. A sidewalk project;

14. A street project;

15. A transportation project;

16. An underpass project; and

17. A water project.

Sec. 18. NRS 709.050 is
hereby amended to read as follows:

709.050 1. The board of
county commissioners may grant to any person, company, corporation or
association the franchise, right and privilege to construct, install, operate
and maintain street railways, electric light, heat and power lines, gas and
water mains, telephone and telegraph lines, and all necessary or proper
appliances used in connection therewith or appurtenant thereto, in the streets,
alleys, avenues and other places in any unincorporated town in the county, and
along the public roads and highways of the county, when
the applicant complies with the terms and provisions of NRS 709.050 to 709.170,
inclusive.

highways of the county, when the applicant complies with the
terms and provisions of NRS 709.050 to 709.170, inclusive.

2. The board of
county commissioners shall not:

(a) Impose any terms or
conditions on a franchise granted pursuant to subsection 1 for the provision of
telecommunications service or interactive computer service other than terms or
conditions concerning the placement and location of the telephone or telegraph
lines and fees imposed for a business license or the franchise, right or
privilege to construct, install or operate such lines.

(b) Require a company
that provides telecommunications service or interactive computer service to
obtain a franchise if it provides telecommunications service over the telephone
or telegraph lines owned by another company.

3. As used
in NRS 709.050 to 709.170, inclusive [, street
railway]:

(a) Interactive computer
service has the meaning ascribed to it in 47 U.S.C. § 230(e)(2), as that
section existed on the effective date of this act.

(b) Street railway
means:

[(a)](1) A system of public transportation
operating over fixed rails on the surface of the ground;

[(b)](2) A monorail; or

[(c)](3) Any other overhead or underground
system used for public transportation.

The term does not include a super speed ground
transportation system as defined in NRS 705.4292.

(c) Telecommunications
service has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section
existed on the effective date of this act.

Sec. 19. NRS 709.090 is
hereby amended to read as follows:

709.090 If, upon full consideration of
all the facts, the board of county commissioners determines that the granting
of the franchise is in the best interests of the residents of the county,the
board shall , except as otherwise provided in subsection
2 of NRS 709.050, fix the terms and prescribe the conditions [under]pursuant
to which the franchise is to be granted, the character or kinds of
service to be rendered, the maximum rates to be charged for the service, and
such other matters as may be properly connected therewith, and shall thereupon
grant the franchise subject to such terms and conditions.

Sec. 20. NRS 709.130 is
hereby amended to read as follows:

709.130 1. Every person,
company, corporation or association receiving a franchise [under]pursuant
to the provisions of NRS 709.050 to 709.170, inclusive, shall:

(a) Provide a plant with all necessary
appurtenances of approved construction for the full performance of his [, her, their or its] franchise duties,
rights and obligations, and for the needs, comfort and convenience of the
inhabitants of the various unincorporated towns and cities, county or place to
which [such]his franchise relates.

(b) Keep [such]the plants and appurtenances, including all
tracks, cars, poles, wires, pipes, mains and other attachments, in good repair,
so as not to interfere with the passage of persons or vehicles, or the safety
of persons or property.

2. [The]Except as otherwise provided in this subsection, the
board of county commissioners [shall,]may when granting such franchise, [have authority to so] fix and direct the
location of all tracks, poles, wires, mains, pipes and other appurtenances upon
the public streets, alleys, avenues and highways as best to serve the
convenience of the public. The board [shall also
have authority to]may
change the location of any [such]
appurtenances and permit, upon proper showing, all necessary extensions thereof
when the interest or convenience of the public [shall
so require.]requires.The board shall not require a company that provides
telecommunications service or interactive computer service to place its
facilities in ducts or conduits or on poles owned or leased by the county.

3. All poles, except poles from which
trolley wires are suspended for streetcar lines, from which wires are suspended
for electric railroads, power, light or heating purposes within the boundaries
of unincorporated towns and over public highways [shall]must not be less than 30 feet in height, and
the wires strung thereon [shall] must not be less than 25 feet above the ground.

4. Every person, company, association or
corporation operating a telephone, telegraph or electric light, heat or power
line, or any electric railway line, shall, with due diligence, provide itself,
at its own expense, a competent electrician to cut, repair and replace wires in
all cases where [such] cutting or
repairing or replacing is made necessary by the removal of buildings or other
property through the public streets or highways.

5. No person, company, corporation or
association [shall be granted]may receive an exclusive franchise nor [shall]may
any board of county commissioners [have authority
to] grant a franchise in such manner or under such terms or
conditions as to hinder or obstruct the granting of franchises to other
grantees, or in such manner as to obstruct or impede reasonable competition in
any business or public service to which NRS 709.050 to 709.170, inclusive,
apply.

Sec. 21. Chapter 710 of NRS
is hereby amended by adding thereto a new section to read as follows:

1. The governing
body of a county whose population is 35,000 or more:

(a) Shall not sell
telecommunications service to the general public.

(b) May purchase or
construct facilities for providing telecommunications that intersect with
public rights of way if the governing body:

(1) Conducts a
study to evaluate the costs and benefits associated with purchasing or
constructing the facilities; and

(2) Determines
from the results of the study that the purchase or construction is in the
interest of the general public.

2. Any information
relating to the study conducted pursuant to subsection 1 must be maintained by
the county clerk and made available for public inspection during the business
hours of the office of the county clerk.

3. Notwithstanding
the provisions of paragraph (a) of subsection 1, an airport may sell
telecommunications service to the general public.

4. As used in this
section:

(a) Telecommunications
has the meaning ascribed to it in 47 U.S.C. § 153(43), as that section existed
on the effective date of this act.

(b) Telecommunications
service has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section
existed on the effective date of this act.

Sec. 22. Chapter 711 of NRS
is hereby amended by adding thereto a new section to read as follows:

Except as otherwise
provided in NRS 318.1192, 318.1193 and 318.1194:

1. The
governing body of a county whose population is 35,000 or more shall not sell
the services of a community antenna television system to the general public.

2. The governing
body of a city whose population is 25,000 or more shall not sell the services
of a community antenna television system to the general public.

Sec. 23. NRS 711.190 is
hereby amended to read as follows:

711.190 1. Except
as otherwise provided in NRS 318.1194:

[1.](a) A city council may grant a franchise to a
community antenna television company for the construction, maintenance and
operation of a community antenna television system which requires the use of
city property or that portion of the city dedicated to public use for the
maintenance of cables or wires underground, on the surface or on poles for the
transmission of a television picture.

[2.](b) A county may grant a franchise to a community
antenna television company for the construction, maintenance and operation of a
community antenna television system which requires the use of the property of
the county or any town in the county or that portion of the county or town
dedicated to public use for the maintenance of cables or wires underground, on the
surface or on poles for the transmission of a television picture.

2. If a local
government grants a franchise to two or more community antenna television
companies to construct, maintain or operate a community antenna television
system in the same area, the local government shall impose the same terms and
conditions on each franchise.

3. A community
antenna television company that is granted a franchise pursuant to this section
may provide telecommunications service or interactive computer service without
obtaining a separate franchise from the local government.

4. A local
government that grants a franchise pursuant to this section shall not require
the community antenna television company to place its facilities in ducts or
conduits or on poles owned or leased by the local government.

5. If a county
whose population is 400,000 or more, or an incorporated city located in whole
or in part within such a county, grants a franchise pursuant to this section,
the term of the franchise must be at least 10 years. If a franchisee notifies
such a county or city on or before the end of the eighth year of a franchise
that it wishes to extend the franchise, the county or city shall, on or before
the end of the ninth year of the franchise, grant an extension of 5 years on
the same terms and conditions, unless the franchisee has not substantially
complied with the terms and conditions of the franchise agreement.

(a) Interactive computer
service has the meaning ascribed to it in 47 U.S.C. § 230(e)(2), as that
section existed on the effective date of this act.

(b) Telecommunications
service has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section
existed on the effective date of this act.

Sec. 24. The charter of Carson
City, being chapter 213, Statutes of Nevada 1969, at page 287, is hereby
amended by adding thereto a new section to be designated as section 2.272,
immediately following section 2.270, to read as follows:

Sec. 2.272 Franchises
for the provision of telecommunications service. The board shall
not:

1. Impose
any terms or conditions on a franchise for the provision of telecommunications
service or interactive computer service other than terms or conditions
concerning the placement and location of the telephone or telegraph lines and
fees imposed for a business license or the franchise, right or privilege to
construct, install or operate such lines.

2. Require
a company that provides telecommunications service or interactive computer
service to obtain a franchise if it provides telecommunications service over
the telephone or telegraph lines owned by another company.

3. Require
a person who holds a franchise for the provision of telecommunications service
or interactive computer service to place its facilities in ducts or conduits or
on poles owned or leased by the city.

4. As
used in this section:

(a) Interactive
computer service has the meaning ascribed to it in 47 U.S.C. § 230(e)(2), as
that section existed on the effective date of this act.

(b) Telecommunications
service has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section
existed on the effective date of this act.

Sec. 25. Section 2.270 of the
charter of Carson City, being chapter 213, Statutes of Nevada 1969, as amended
by chapter 532, Statutes of Nevada 1971, at page 1112, is hereby amended to
read as follows:

[1.](a) Provide, by contract, franchise or
public enterprise, for any utility to be furnished to Carson City or the
residents thereof.

[2.](b) Provide for the construction of any
facility necessary for the provision of such utilities.

[3.](c) Fix the rate to be paid for any
utility provided by public enterprise.

[4.](d) Provide that any public utility be
authorized, for any purpose or object whatever, to install, operate or use
within the city mechanical watermeters, or similar mechanical devices, to
measure the quantity of water delivered to water users.

(b) May
purchase or construct facilities for providing telecommunications that
intersect with public rights of way if the governing body:

(1) Conducts
a study to evaluate the costs and benefits associated with purchasing or
constructing the facilities; and

(2) Determines
from the results of the study that the purchase or construction is in the
interest of the general public.

3. Any
information relating to the study conducted pursuant to subsection 2 must be
maintained by the clerk and made available for public inspection during the
business hours of the office of the clerk.

4. Notwithstanding
the provisions of paragraph (a) of subsection 2, an airport may sell
telecommunications service to the general public.

5. As
used in this section:

(a) Telecommunications
has the meaning ascribed to it in 47 U.S.C. § 153(43), as that section existed
on the effective date of this act.

(b) Telecommunications
service has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section
existed on the effective date of this act.

Sec. 26. Section 6.010 of the
charter of Carson City, being chapter 213, Statutes of Nevada 1969, as last
amended by chapter 425, Statutes of Nevada 1983, at page 1059, is hereby
amended to read as follows:

Sec. 6.010 Local
improvement law. [The]Except as otherwise provided in subsection 2 of
section 2.270 and section 24 of this act, the board may acquire,
improve, equip, operate and maintain, convert to or authorize:

1. Curb and
gutter projects;

2. Drainage
projects;

3. Offstreet
parking projects;

4. Overpass
projects;

5. Park
projects;

6. Sanitary
sewer projects;

7. Security
walls;

8. Sidewalk
projects;

9. Storm sewer
projects;

10. Street
projects;

11. Underground
electric and communication facilities;

12. Underpass
projects; and

13. Water
projects.

Sec. 27. Section 7.020 of the
charter of Carson City, being chapter 213, Statutes of Nevada 1969, at page 308,
is hereby amended to read as follows:

Sec. 7.020 Acquisition,
operation of municipal utilities, facilities and franchises. Except as otherwise provided in subsection 2 of section 2.270
and section 24 of this act, Carson City may, in the manner and for the
purposes provided in this charter and Nevada Revised Statutes as they apply to
cities and counties, grant franchises and acquire in any manner any public
utility, airport, municipal hall, cemetery, fire station
or other public building, park, recreation center and necessary equipment for
municipal departments (such acquisitions hereafter sometimes referred to in
this article as facilities or projects), and hold, manage and operate them
either alone or jointly with any level of government or instrumentality or
subdivision thereof.

cemetery, fire station or other
public building, park, recreation center and necessary equipment for municipal
departments (such acquisitions hereafter sometimes referred to in this article
as facilities or projects), and hold, manage and operate them either alone
or jointly with any level of government or instrumentality or subdivision
thereof.

Sec. 28. The charter of the City
of Henderson, being chapter 266, Statutes of Nevada 1971, at page 402, is
hereby amended by adding thereto a new section to be designated as section 2.285,
immediately following section 2.280, to read as follows:

Sec. 2.285 Franchises
for the provision of telecommunications service. The city council
shall not:

1. Impose
any terms or conditions on a franchise for the provision of telecommunications
service or interactive computer service other than terms or conditions
concerning the placement and location of the telephone or telegraph lines and
fees imposed for a business license or the franchise, right or privilege to
construct, install or operate such lines.

2. Require
a company that provides telecommunications service or interactive computer
service to obtain a franchise if it provides telecommunications service over
the telephone or telegraph lines owned by another company.

3. Require
a person who holds a franchise for the provision of telecommunications service
or interactive computer service to place its facilities in ducts or conduits or
on poles owned or leased by the city.

4. As
used in this section:

(a) Interactive
computer service has the meaning ascribed to it in 47 U.S.C. § 230(e)(2), as
that section existed on the effective date of this act.

(b) Telecommunications
service has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section
existed on the effective date of this act.

Sec. 29. Section 2.280 of the
charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971,
at page 410, is hereby amended to read as follows:

Sec. 2.280 Powers
of city council: Provision of utilities. [The]

1. Except as otherwise provided in subsection 2
and section 2.285, the city council may:

[1.](a) Provide, by contract, franchise or
public enterprise, for any utility to be furnished to the city for the
residents thereof.

[2.](b) Provide for the construction of any
facility necessary for the provision of such utilities.

[3.](c) Fix the rate to be paid for any
utility provided by public enterprise. Any charges due for services, facilities
or commodities furnished by any utility owned by the city is a lien upon the
property to which the service is rendered and [shall]must be perfected by filing with the county
recorder of Clark County a statement by the city clerk of the amount due and
unpaid and describing the property subject to the lien. Each such lien [shall:

(1) Be
coequal with the latest lien thereon to secure the payment of general taxes.

[(b)](2) Not
be subject to extinguishment by the sale of any property on account of the
nonpayment of general taxes.

[(c)](3) Be
prior and superior to all liens, claims, encumbrances and titles other than the
liens of assessments and general taxes.

2. The
city council:

(a) Shall
not sell telecommunications service to the general public.

(b) May
purchase or construct facilities for providing telecommunications that
intersect with public rights of way if the governing body:

(1) Conducts
a study to evaluate the costs and benefits associated with purchasing or
constructing the facilities; and

(2) Determines
from the results of the study that the purchase or construction is in the
interest of the general public.

3. Any
information relating to the study conducted pursuant to subsection 2 must be
maintained by the city clerk and made available for public inspection during
the business hours of the office of the city clerk.

4. Notwithstanding
the provisions of paragraph (a) of subsection 2, an airport may sell
telecommunications service to the general public.

5. As
used in this section:

(a) Telecommunications
has the meaning ascribed to it in 47 U.S.C. § 153(43), as that section existed
on the effective date of this act.

(b) Telecommunications
service has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section
existed on the effective date of this act.

Sec. 30. Section 6.010 of the
charter of City of Henderson, being chapter 266, Statutes of Nevada 1971, as
last amended by chapter 67, Statutes of Nevada 1987, at page 133, is hereby
amended to read as follows:

Sec. 6.010 Local
improvement law. [The]Except as otherwise provided in subsection 2 of
section 2.280 and section 2.285, the city council, on behalf of the city
and in its name, without any election, may from time to time acquire, improve,
equip, operate and maintain, convert to or authorize:

16. Upon
petition by a person or business authorized to provide the service, such other
utility projects as are deemed necessary by the council; and

17. Any
combination thereof.

Sec. 31. Section 7.020 of the
charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971,
at page 419, is hereby amended to read as follows:

Sec. 7.020 Acquisition,
operation of municipal utilities. [The]Except as otherwise provided in subsection 2 of
section2.280 and section 2.285, the city
may, in the manner and for the purposes provided in this charter and Nevada
Revised Statutes as they apply to cities, grant franchises and acquire in any
manner any public utility, and hold, manage and operate it either alone or
jointly, with any level of government or instrumentality or subdivision
thereof.

Sec. 32. The charter of the City
of Las Vegas, being chapter 517, Statutes of Nevada 1983, at page 1391, is
hereby amended by adding thereto a new section to be designated as section
2.315, immediately following section 2.310, to read as follows:

Sec. 2.315 Franchises
for the provision of telecommunications service. The city council
shall not:

1. Impose
any terms or conditions on a franchise for the provision of telecommunications
service or interactive computer service other than terms or conditions
concerning the placement and location of the telephone or telegraph lines and
fees imposed for a business license or the franchise, right or privilege to
construct, install or operate such lines.

2. Require
a company that provides telecommunications service or interactive computer
service to obtain a franchise if it provides telecommunications service over
the telephone or telegraph lines owned by another company.

3. Require
a person who holds a franchise for the provision of telecommunications service
or interactive computer service to place its facilities in ducts or conduits or
on poles owned or leased by the city.

4. As
used in this section:

(a) Interactive
computer service has the meaning ascribed to it in 47 U.S.C. § 230(e)(2), as
that section existed on the effective date of this act.

(b) Telecommunications
service has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section
existed on the effective date of this act.

Sec. 33. Section 2.300 of the
charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983,
at page 1403, is hereby amended to read as follows:

Sec. 2.300 Powers
of city council: Provision of utilities. [The]

1. Except as otherwise provided in subsection 2
and section 2.315, the city council may:

[1.](a) Provide, by contract, franchise or
public ownership or operation, for any utility to be furnished to the residents
of the city.

[2.](b) Provide for the construction and
maintenance of any facility which is necessary for the provision of those
utilities.

[3.](c) Prescribe, revise and collect
rates, fees, tolls and charges, including fees for connection, for the
services, facilities or commodities which are furnished by any municipally
owned or municipally operated utility or undertaking and no rate, fee, toll or
charge for the services, facilities or commodities which are furnished by any
municipally owned or municipally operated utility or undertaking may be
prescribed, revised, amended, altered, increased or decreased without
proceeding as follows:

[(a)](1) There
must be filed with the city clerk and available for public inspection schedules
of all rates, fees, tolls and charges which the city has established and which
are in force at that time for any service which is performed or product which
is furnished in connection with any utility which is owned or operated by the
city.

[(b)](2) No
change may be made in any of those schedules except upon 30 days notice to the
inhabitants of the city and the holding of a public hearing with respect to the
proposed change. Notice of the proposed change must be given by at least two
publications during the 30-day period before the hearing.

[(c)](3) At
the time which is set for the hearing on the proposed change, any person may
appear and be heard and offer any evidence in support of or against the
proposed change.

[(d)](4) Every
utility which is owned or operated by the city [must]shall furnish reasonably adequate service and
facilities, and the charges which are made for any service which is or will be
rendered, or for any service which is connected with or incidental to any
service which is or will be rendered, by the city must be just and reasonable.

[4.] (d) Any rate, fee, toll or charge,
including any fee for connection which is due for services, facilities or
commodities which are furnished by the city or by any utility which is owned or
operated by the city pursuant to this section is a lien upon the property to
which the service is rendered. [That lien:

(a)]The lien:

(1) Must
be perfected by filing with the county recorder of the county a statement by
the city clerk in which he states the amount which is due and unpaid and
describes the property which is subject to the lien.

[(b)](2) Is
coequal with the latest lien upon that property to secure the payment of
general taxes.

[(c)](3) Is
not subject to extinguishment by the sale of any property on account of the
nonpayment of general taxes.

[(d)](4) Is
prior and superior to all liens, claims, encumbrances and titles, other than
the liens of assessments and general taxes.

[(e)](5) May
be enforced and foreclosed in such manner as may be prescribed by ordinance.

2. The
city council:

(a) Shall
not sell telecommunications service to the general public.

(b) May
purchase or construct facilities for providing telecommunications that
intersect with public rights of way if the governing body:

(1) Conducts
a study to evaluate the costs and benefits associated with purchasing or
constructing the facilities; and

(2) Determines
from the results of the study that the purchase or construction is in the
interest of the general public.

3. Any
information relating to the study conducted pursuant to subsection 2 must be
maintained by the city clerk and made available for public inspection during
the business hours of the office of the city clerk.

4. Notwithstanding
the provisions of paragraph (a) of subsection 2, an airport may sell
telecommunications service to the general public.

5. As
used in this section:

(a) Telecommunications
has the meaning ascribed to it in 47 U.S.C. § 153(43), as that section existed
on the effective date of this act.

(b) Telecommunications
service has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section
existed on the effective date of this act.

Sec. 34. Section 2.310 of the
charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983,
as amended by chapter 345, Statutes of Nevada 1993, at page 1101, is hereby
amended to read as follows:

Sec. 2.310 Powers
of city council: Acquisition or establishment of city utility.

1. [The]Except
as otherwise provided in subsection 2 of section 2.300 and section 2.315, the
city council, on behalf of the city and in its name, may acquire, establish,
hold, manage and operate, alone or with any other government or any
instrumentality or subdivision of any government, any public utility in the
manner which is provided in this section.

2. The city
council must adopt a resolution which sets forth fully and in detail:

(a) The public utility
which is proposed to be acquired or established.

(b) The estimated cost
of that utility, as shown in a recent report, which has been approved by the
city council, of an engineer or consulting firm which had previously been
appointed by the city council for that purpose.

(c) The proposed
bonded indebtedness which must be incurred to acquire or establish that
utility, the terms, amount and rate of interest of that indebtedness and the
time within which, and the fund from which, that indebtedness is redeemable.

(d) That a public
hearing on the advisability of acquiring the public utility will be held at the
first regular meeting of the city council after the final publication of the
resolution.

3. The
resolution must be published in full at least once a week for 4 successive
weeks.

4. At the first
regular meeting of the city council, or any adjournment of that meeting, after
the completion of the publication, the city council may, without an election,
enact an ordinance for that purpose, which must conform in all respects to the
terms and conditions of the resolution, unless, within 30 days after the final
publication of the resolution, a petition is filed with the city clerk which
has been signed by a number of registered voters of the city which is not less
than 15 percent of the registered voters of the city, as shown by the last
preceding registration list, who own not less than 10 percent in assessed value
of the taxable property within the city, as shown by the last preceding tax
list or assessment roll, and which prays for the submission of the question of
the enactment of the proposed ordinance at a special election or the next primary
or general municipal election or primary or general state election. Upon the
filing of that petition, the proposed ordinance may not be enacted or be
effective for any purpose unless, at a special election or primary or general
municipal election or primary or general state election, a majority of the
votes which are cast in that election are cast in favor of the enactment of the
ordinance.

5. A special
election may be held only if the city council determines, by a unanimous vote,
that an emergency exists. The determination made by the city council is
conclusive unless it is shown that the city council acted with fraud or a gross
abuse of discretion. An action to challenge the determination made by the city
council must be commenced within 15 days after the city councils determination
is final. As used in this subsection, emergency means any unexpected
occurrence or combination of occurrences which requires immediate action by the
city council to prevent or mitigate a substantial financial loss to the city or
to enable the city council to provide an essential service to the residents of
the city.

6. If the
proposed ordinance is adopted, without an election or as a result of an
election, the city council may issue bonds to obtain revenue for acquiring or
constructing systems, plants, works, instrumentalities and properties which are
needed in connection with that public utility.

Sec. 35. Section 6.010 of the
charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983,
at page 1417, is hereby amended to read as follows:

Sec. 6.010 Local
improvement law. [The]Except as otherwise provided in subsection 2 of
section 2.300 and section 2.315, the city council,
on behalf of the city and in its name, without any election, may from time to time
acquire, improve, equip, operate and maintain, convert to or authorize, in
addition to the projects authorized by chapter 271 of NRS:

council, on behalf of the city and
in its name, without any election, may from time to time acquire, improve,
equip, operate and maintain, convert to or authorize, in addition to the
projects authorized by chapter 271 of NRS:

1. Street
lighting projects;

2. Underground
electric and communication facilities; and

3. Any
combination of those projects.

Sec. 36. The charter of the City
of North Las Vegas, being chapter 573, Statutes of Nevada 1971, at page 1210,
is hereby amended by adding thereto a new section to be designated as section
2.285, immediately following section 2.280, to read as follows:

Sec. 2.285 Franchises
for the provision of telecommunications service. The city council
shall not:

1. Impose
any terms or conditions on a franchise for the provision of telecommunications
service or interactive computer service other than terms or conditions
concerning the placement and location of the telephone or telegraph lines and
fees imposed for a business license or the franchise, right or privilege to
construct, install or operate such lines.

2. Require
a company that provides telecommunications service or interactive computer
service to obtain a franchise if it provides telecommunications service over
the telephone or telegraph lines owned by another company.

3. Require
a person who holds a franchise for the provision of telecommunications service
or interactive computer service to place its facilities in ducts or conduits or
on poles owned or leased by the city.

4. As
used in this section:

(a) Interactive
computer service has the meaning ascribed to it in 47 U.S.C. § 230(e)(2), as
that section existed on the effective date of this act.

(b) Telecommunications
service has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section
existed on the effective date of this act.

Sec. 37. Section 2.280 of the
charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada
1971, as last amended by chapter 465, Statutes of Nevada 1985, at page 1439,
is hereby amended to read as follows:

Sec. 2.280 Powers
of city council: Provision of utilities.

1. [The]Except
as otherwise provided in subsection 3 and section 2.285, the city
council may:

(a) Provide, by
contract, franchise and public enterprise, for any utility to be furnished to
the city for residents located either within or without the city.

(b) Provide for the
construction and maintenance of any facilities necessary for the provision of
all such utilities.

(c) Prescribe, revise
and collect rates, fees, tolls and charges for the services, facilities or
commodities furnished by any municipally operated or municipally owned utility
or undertaking. Notwithstanding any provision of this charter to the contrary
or in conflict herewith, no rates, fees, tolls or charges
for the services, facilities or commodities furnished by any municipally
operated or municipally owned utility or undertaking may be prescribed,
revised, amended or altered, increased or decreased, without this procedure
first being followed:

rates, fees, tolls or charges for
the services, facilities or commodities furnished by any municipally operated
or municipally owned utility or undertaking may be prescribed, revised, amended
or altered, increased or decreased, without this procedure first being
followed:

(1) There must
be filed with the city clerk schedules of rates, fees, tolls or charges which
must be open to public inspection, showing all rates, fees, tolls or charges
which the city has established and which are in force at the time for any
service performed or product furnished in connection therewith by any utility
controlled and operated by the city.

(2) No changes
may be made in any schedule so filed with the city clerk except upon 30 days
notice to the inhabitants of the city and a public hearing held thereon. Notice
of [such a]the proposed change or changes must be given by at least
two publications in a newspaper published in the city during the 30-day period
before the hearing thereon.

(3) At the time
set for the hearing on the proposed change, any person may appear and be heard
and offer any evidence in support of or against the proposed change.

(4) Every
utility operated by the city shall furnish reasonably adequate service and
facilities, and the charges made for any service rendered or to be rendered, or
for any service in connection therewith or incidental thereto, must be just and
reasonable.

(d) Provide, by
ordinance, for an additional charge to each customer within the city to which
water is provided by a utility of up to 25 cents per month. If such a charge is
provided for, the city council shall, by ordinance, provide for the expenditure
of that money for any purpose relating to the beautification of the city.

2. Any charges
due for services, facilities or commodities furnished by the city or by any
utility operated by the city [under]pursuant to this section is a lien upon the
property to which the service is rendered and must be perfected by filing with
the county recorder of Clark County of a statement by the city clerk stating
the amount due and unpaid and describing the property subject to the lien. Each
such lien must:

(a) Be coequal with
the latest lien thereon to secure the payment of general taxes.

(b) Not be subject to
extinguishment by the sale of any property on account of the nonpayment of
general taxes.

(c) Be prior and
superior to all liens, claims, encumbrances and titles other than the liens of
assessments and general taxes.

3. The
city council:

(a) Shall
not sell telecommunications service to the general public.

(b) May
purchase or construct facilities for providing telecommunications that intersect
with public rights of way if the governing body:

(1) Conducts
a study to evaluate the costs and benefits associated with purchasing or
constructing the facilities; and

(2) Determines
from the results of the study that the purchase or construction is in the
interest of the general public.

4. Any
information relating to the study conducted pursuant to subsection 3 must be
maintained by the city clerk and made available for public inspection during
the business hours of the office of the city clerk.

5. Notwithstanding
the provisions of paragraph (a) of subsection 3, an airport may sell
telecommunications service to the general public.

6. As
used in this section:

(a) Telecommunications
has the meaning ascribed to it in 47 U.S.C. § 153(43), as that section existed
on the effective date of this act.

(b) Telecommunications
service has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section
existed on the effective date of this act.

Sec. 38. Section 6.010 of the
charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada
1971, as last amended by chapter 361, Statutes of Nevada 1983, at page 875,
is hereby amended to read as follows:

Sec. 6.010 Local
improvement law. [The]Except as otherwise provided in subsection 3 of
section 2.280 and section 2.285, the city council, on behalf of the city
and in its name, without any election, may from time to time acquire, improve,
equip, operate and maintain, convert to or authorize:

1. Curb and
gutter projects;

2. Drainage
projects;

3. Offstreet
parking projects;

4. Overpass
projects;

5. Library,
park or recreation projects;

6. Sanitary
sewer projects;

7. Security
walls;

8. Sidewalk
projects;

9. Storm sewer
projects;

10. Street
projects;

11. Underground
electric and communication facilities;

12. Underpass
projects; and

13. Water
projects.

Sec. 39. Section 7.020 of the
charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada
1971 at page 1226, is hereby amended to read as follows:

Sec. 7.020 Acquisition,
operation of municipal utilities. [The]Except as otherwise provided in subsection3 of section 2.280 and section 2.285, the city may, in
the manner and for the purposes provided in this charter and Nevada Revised
Statutes as they apply to cities, grant franchises and acquire in any manner
any public utility, and hold, manage and operate it, either alone or jointly,
with any level of government or instrumentality or subdivision thereof.

Sec. 40. The charter of the City
of Reno, being chapter 662, Statutes of Nevada 1971, at page 1962, is
hereby amended by adding thereto a new section to be designated as section
2.150, immediately following section 2.140, to read as follows:

Sec. 2.150 Franchises
for the provision of telecommunications service. The city council
shall not:

1. Impose
any terms or conditions on a franchise for the provision of telecommunications
service or interactive computer service other than terms or conditions
concerning the placement and location of the telephone or telegraph lines and
fees imposed for a business license or the franchise, right or privilege to
construct, install or operate such lines.

2. Require
a company that provides telecommunications service or interactive computer
service to obtain a franchise if it provides telecommunications service over
the telephone or telegraph lines owned by another company.

3. Require
a person who holds a franchise for the provision of telecommunications service
or interactive computer service to place its facilities in ducts or conduits or
on poles owned or leased by the city.

4. As
used in this section:

(a) Interactive
computer service has the meaning ascribed to it in 47 U.S.C. § 230(e)(2), as
that section existed on the effective date of this act.

(b) Telecommunications
service has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section
existed on the effective date of this act.

Sec. 41. Section 2.140 of the
charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as
last amended by chapter 104, Statutes of Nevada 1991, at page 174, is
hereby amended to read as follows:

Sec. 2.140 General
powers of city council. [The]

1. Except as otherwise provided in subsection 2
and section 2.150, the city council may:

[1.](a) Acquire, control, improve and
dispose of any real or personal property for the use of the city, its residents
and visitors.

[2.](b) Regulate and impose a license tax
for revenue upon all businesses, trades and professions.

[3.](c) Providegrant franchises for
public transportation and utilities.

[4.](d) Appropriate money for advertising
and publicity and for the support of a municipal band.

[5.](e) Enact and enforce any police, fire,
traffic, health, sanitary or other measure which does not conflict with the
general laws of the State of Nevada.

[6.](f) Fix the rate to be paid for any
utility service provided by the city as a public enterprise. Any charges due
for services, facilities or commodities furnished by any utility owned by the
city is a lien upon the property to which the service is rendered and is
perfected by filing with the county recorder a statement by the city clerk of
the amount due and unpaid and describing the property
subject to the lien.

amount due and unpaid and
describing the property subject to the lien. Any such lien is:

[(a)](1) Coequal
with the latest lien upon the property to secure the payment of general taxes.

[(b)](2) Not
subject to extinguishment by the sale of any property on account of the
nonpayment of general taxes.

[(c)](3) Prior
and superior to all liens, claims, encumbrances and titles other than the liens
of assessments and general taxes.

2. The
city council:

(a) Shall
not sell telecommunications service to the general public.

(b) May
purchase or construct facilities for providing telecommunications that
intersect with public rights of way if the governing body:

(1) Conducts
a study to evaluate the costs and benefits associated with purchasing or
constructing the facilities; and

(2) Determines
from the results of the study that the purchase or construction is in the
interest of the general public.

3. Any
information relating to the study conducted pursuant to subsection 2 must be
maintained by the city clerk and made available for public inspection during
the business hours of the office of the city clerk.

4. Notwithstanding
the provisions of paragraph (a) of subsection 2, an airport may sell
telecommunications service to the general public.

5. As
used in this section:

(a) Telecommunications
has the meaning ascribed to it in 47 U.S.C. § 153(43), as that section existed
on the effective date of this act.

(b) Telecommunications
service has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section
existed on the effective date of this act.

Sec. 42. Section 6.010 of the
charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as
last amended by chapter 361, Statutes of Nevada 1983, at page 875, is
hereby amended to read as follows:

Sec. 6.010 Local
improvement law. [The]Except as otherwise provided in subsection 2 of
section 2.140 and section 2.150, the city council, on behalf of the city
and in its name, without any election, may from time to time acquire, improve,
equip, operate and maintain, convert to or authorize:

Sec. 43. Section 7.020 of the
charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, at
page 1980, is hereby amended to read as follows:

Sec. 7.020 Acquisition,
operation of municipal utilities. [The]Except as otherwise provided in subsection 2 of
section 2.140 and section 2.150, the city may, in the manner and for the
purposes provided in this charter and Nevada Revised Statutes as they apply to
cities, grant franchises and acquire in any manner any public utility and hold,
manage and operate it, either alone or jointly, with any level of government or
instrumentality of subdivision thereof.

Sec. 44. The charter of the City
of Sparks, being chapter 470, Statutes of Nevada 1975, at page 724, is
hereby amended by adding thereto a new section to be designated as section
2.115, immediately following section 2.110, to read as follows:

Sec. 2.115 Franchises
for the provision of telecommunications service. The city council
shall not:

1. Impose
any terms or conditions on a franchise for the provision of telecommunications
service or interactive computer service other than terms or conditions
concerning the placement and location of the telephone or telegraph lines and
fees imposed for a business license or the franchise, right or privilege to
construct, install or operate such lines.

2. Require
a company that provides telecommunications service or interactive computer
service to obtain a franchise if it provides telecommunications service over
the telephone or telegraph lines owned by another company.

3. Require
a person who holds a franchise for the provision of telecommunications service
or interactive computer service to place its facilities in ducts or conduits or
on poles owned or leased by the city.

4. As
used in this section:

(a) Interactive
computer service has the meaning ascribed to it in 47 U.S.C. § 230(e)(2), as
that section existed on the effective date of this act.

(b) Telecommunications
service has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section
existed on the effective date of this act.

Sec. 45. Section 2.110 of the
charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, at
page 732, is hereby amended to read as follows:

Sec. 2.110 Powers
of the city council: Provisions for utilities. [The]

1. Except as otherwise provided in subsection 2
and section 2.115, the city council may:

[1.](a) Provide by contract, franchise or
public enterprise, for any utility to be furnished to the city for the
residents thereof.

[2.](b) Provide for the construction of any
facility necessary for the provisions of such utility.

[3.](c) Fix the rate to be paid for any
utility provided by public enterprise. Any charges due for services, facilities
or commodities furnished by any utility owned by the city is a lien upon the
property to which the service is rendered and [shall]must be performed by filing with the county
recorder a statement by the city clerk of the amount due and unpaid and
describing the property subject to the lien. Each such lien [shall:

(a)]must:

(1) Be
coequal with the latest lien thereon to secure the payment of general taxes.

[(b)](2) Not
be subject to extinguishment by the sale of any property on account of the
nonpayment of general taxes.

[(c)](3) Be
prior and superior to all liens, claims, encumbrances and titles other than the
liens of assessments and general taxes.

2. The
city council:

(a) Shall
not sell telecommunications service to the general public.

(b) May
purchase or construct facilities for providing telecommunications that
intersect with public rights of way if the governing body:

(1) Conducts
a study to evaluate the costs and benefits associated with purchasing or
constructing the facilities; and

(2) Determines
from the results of the study that the purchase or construction is in the
interest of the general public.

3. Any
information relating to the study conducted pursuant to subsection 2 must be
maintained by the city clerk and made available for public inspection during
the business hours of the office of the city clerk.

4. Notwithstanding
the provisions of paragraph (a) of subsection 2, an airport may sell
telecommunications service to the general public.

5. As
used in this section:

(a) Telecommunications
has the meaning ascribed to it in 47 U.S.C. § 153(43), as that section existed
on the effective date of this act.

(b) Telecommunications
service has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section
existed on the effective date of this act.

Sec. 46. Section 6.010 of the
charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as
last amended by chapter 450, Statutes of Nevada 1985, at page 1320, is
hereby amended to read as follows:

Sec. 6.010 Local
improvement law. [The]Except as otherwise provided in subsection 2 of
section 2.110 and section 2.115, the city council, on behalf of the
city, without any election, may acquire, improve, equip, operate and maintain
underground facilities for electricity and communication.

Sec. 47. Section 7.020 of the
charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, at
page 739, is hereby amended to read as follows:

Sec. 7.020 Acquisition,
operation of municipal utilities. [The]Except as otherwise provided in subsection 2 of
section 2.110 and section 2.115, the city may, in the manner and for the
purposes provided in this charter and Nevada Revised Statutes as they apply to
cities, grant franchises and acquire in any manner any public utility, and
hold, manage and operate it, either alone or jointly, with any level of
government or instrumentality or subdivision thereof.

Sec. 48. The amendatory
provisions of section 11 of this act apply to ordinances adopted after July 1,
1995.

Sec. 49. This act becomes
effective upon passage and approval.

________

CHAPTER 566, AB 504

Assembly Bill No. 504Committee on Labor and Management

CHAPTER 566

AN ACT relating to industrial insurance;
providing for industrial insurance coverage for pupils and teachers
participating in the program to provide pupils with the skills to make the
transition from school to work and for students who are performing certain
types of volunteer work; revising the provisions governing industrial insurance
coverage for a person who is an apprentice; and providing other matters
properly relating thereto.

[Approved July 16, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 616A of NRS
is hereby amended by adding thereto a new section to read as follows:

1. Any:

(a) Teacher who, as part
of the program to provide pupils with the skills to make the transition from
school to work established pursuant to NRS 388.368, works without pay for an
employer other than the school district, university or community college with
which the teacher is employed, and is not specifically covered by any other
provisions of chapters 616A to 616D, inclusive, of NRS, while engaging in that
work; or

(b) Pupil who, as part of
the program to provide pupils with the skills to make the transition from
school to work established pursuant to NRS 388.368, works without pay for an
employer,

shall be deemed for the purposes of
chapters 616A to 616D, inclusive, of NRS to be an employee of that employer at
the wage of $900 per month. The teacher or pupil is entitled to the benefits of
those chapters when the employer complies with the provisions of those chapters
and the regulations adopted pursuant thereto.

2. A person who is
insured by the system and is deemed to be the employer of a teacher or pupil
pursuant to subsection 1 shall:

(a) Report to the insurer
the name of the teacher or pupil and the classification of risk assigned for
the teacher or pupil; and

(b) Pay the premium for
each month or portion thereof for which the teacher or pupil performs work
without pay for the employer.

Secs. 2 and 3. (Deleted by
amendment.)

Sec. 4. NRS 616A.025 is
hereby amended to read as follows:

616A.025 As used in chapters 616A to
616D, inclusive, of NRS, unless the context otherwise requires, the words and
terms defined in NRS 616A.030 to 616A.360, inclusive, and
section 1of this act, have the meanings
ascribed to them in those sections.

Sec. 5. NRS 616A.135 is
hereby amended to read as follows:

616A.135 Persons [other
than students] who, under a written agreement between a public
agency and a private organization, perform volunteer work for a private
organization as part of a public program and who are not specifically covered
by any other provisions of chapters 616A to 616D, inclusive, of NRS, while
engaging in that volunteer work, may be deemed by the system, or by a
self-insured employer or an employer who is a member of an association of
self-insured public or private employers, for the purposes of those chapters,
as employees of the public agency at a wage of $100 per month. Such persons are
entitled to the benefits of those chapters when the public agency complies with
the provisions of those chapters and the regulations adopted under them.

Sec. 6. NRS 616A.215 is
hereby amended to read as follows:

616A.215 [Any]

1. Except as
otherwise provided in subsection 3, any person who is an apprentice
shall be deemed for the purposes of chapters 616A to
616D, inclusive, of NRS to be an employee [who
is receiving]of an apprenticeship
committee registered with the state apprenticeship council at a wage of
$150 per month [for the purposes of chapters 616A
to 616D, inclusive, of NRS. Any injury to the apprentice which occurs in the
course of instruction required as a part of his apprenticeship shall be deemed
to have occurred in the course of his employment and he is therefore entitled
to the benefits of those chapters, if he is not employed elsewhere and]while he is:

[1.](a) Attending a class for vocational training; or

[2.](b) Receiving bona fide instruction as an
apprentice,

under the direction of [an]the apprenticeship committee .[registered with the
state apprenticeship council.]Such
an apprentice is entitled to the benefits of chapters 616A to 616D, inclusive.

2. A person who is
an apprentice shall be deemed for the purposes of chapters 616A to 616D,
inclusive, of NRS to be an employee of an employer who is participating in a
program of training and instruction as an apprentice approved pursuant to
chapter 610 of NRS while:

(a) The apprentice is
performing work for that employer; and

(b) The employer is
paying the apprentice a wage for the work performed.

The apprentice shall be deemed to be
an employee at a wage equal to his average monthly wage as determined pursuant
to the regulations adopted by the administrator pursuant to NRS 616C.420 and is
entitled to the benefits of chapters 616A to 6161D, inclusive, of NRS.

3. If an
apprentice who is employed by an employer participating in a program of
training and instruction is injured while he is deemed to be an employee of the
apprenticeship committee pursuant to subsection 1 and the apprentice is unable
to work for an employer participating in the program solely because of that
injury, the apprentice shall be deemed to be an employee of the apprenticeship
committee at a wage of $150 per month or at his average monthly wage as
determined pursuant to the regulations adopted by the administrator pursuant to
NRS 616C.420, whichever is greater.

616A.135 Persons
who, under a written agreement between a public agency and a private
organization, perform volunteer work for a private organization as part of a
public program and who are not specifically covered by any other provisions of
chapters 616A to 616D, inclusive, of NRS, while engaging in that volunteer
work, may be deemed by [the system, or by a
self-insured employer or an employer who is a member of an association of
self-insured public or private employers,]an insurer, for the purposes of those chapters, as
employees of the public agency at a wage of $100 per month. Such persons are
entitled to the benefits of those chapters when the public agency complies with
the provisions of those chapters and the regulations adopted [under]pursuant
to them.

Sec. 8. If the premium for
industrial insurance for an apprenticeship committee registered with the state
apprenticeship council is increased as a result of the amendatory provisions of
section 6 of this act, the apprenticeship committee shall require the employers
who are participating in the program to pay the costs of the increased premium:

1. In proportion to the number of
apprentices each employer has enrolled in the program; or

2. In such other manner as the
apprenticeship committee deems appropriate.

Sec. 9. The provisions of
subsection 1 of NRS 354.599 do not apply to any additional expenses of a local
government that are related to the provisions of this act.

Sec. 10. This act becomes
effective upon passage and approval.

________

κ1997
Statutes of Nevada, Page 2768κ

CHAPTER 567, AB 519

Assembly Bill No. 519Committee on Health and Human
Services

CHAPTER 567

AN ACT making an appropriation to the
Health Division of the Department of Human Resources for the continuation of
the program developed by the perinatal substance abuse subcommittee of the
Advisory Board on Maternal and Child Health; and providing other matters
properly relating thereto.

[Approved July 16, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. There is hereby
appropriated from the state general fund to the Health Division of the
Department of Human Resources the sum of $50,000 for continuation of the
program developed by the perinatal substance abuse subcommittee of the Advisory
Board on Maternal and Child Health.

Sec. 2. Any remaining
balance of the appropriation made by section 1 of this act must not be
committed for expenditure after June 30, 1999, and reverts to the state general
fund as soon as all payments of money committed have been made.

Sec. 3. This act becomes
effective upon passage and approval or on June 30, 1997, whichever occurs
earlier.

________

CHAPTER 568, AB 523

Assembly Bill No. 523Committee on Ways and Means

CHAPTER 568

AN ACT relating to education; revising
provisions governing the administration and reporting of the achievement and
proficiency examinations administered in the public schools; extending the
period during which the department of education may expend certain money
appropriated during the previous legislative session to pay for costs relating
to standard examinations of achievement and proficiency of pupils; revising the
date of the prospective reversion of that money; establishing certain
requirements for the administration of those examinations; and providing other
matters properly relating thereto.

[Approved July 16, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 389.015 is
hereby amended to read as follows:

389.0151. The
board of trustees of each school district shall administer examinations in all
public schools within its district to determine the achievement and proficiency
of pupils in:

(b) Administered in each school district at the
same time. The time for the administration of the examinations must be
prescribed by the state board.

(c) Administered in each
school in accordance with uniform procedures adopted by the state board. The
department shall monitor the compliance of school districts and individual
schools with the uniform procedures.

(d) Scored by the department or a single private entity that has
contracted with the state board to score the examinations. [The]If a private
entity scores the examinations, it shall report
the results of the examinations in the form and by the
date required by the department.

3. Not more than
14 working days after the results of the examinations are reported to the
department by a private entity that scored the examinations or the department
completes the scoring of the examinations, the superintendent of public
instruction shall certify that the results of the examinations have been
transmitted to each school district. Not more than 10 working days after a
school district receives the results of the examinations, the superintendent of
public instruction shall certify that the results of the examinations have been
transmitted to each school within the school district. Not more than 10 working
days after each school receives the results of the examinations, the principal
of each school shall certify that the results for each pupil have been provided
to the parent or legal guardian of the pupil:

(a) During a conference
between the teacher of the pupil or administrator of the school and the parent
or legal guardian of the pupil; or

(b) By mailing the
results of the examinations to the last known address of the parent or legal
guardian of the pupil.

4. Different
standards of proficiency may be adopted for pupils with diagnosed learning
disabilities.

[4.]If different standards of proficiency are adopted or other
modifications or accommodations are made in the administration of the
examinations for a pupil who is enrolled in a program of special education
pursuant to NRS 388.440 to 388.520, inclusive, other than a gifted and talented
pupil, the different standards adopted or other modifications or accommodations
must be set forth in the pupils program of special education developed in
accordance with the Individuals with Disabilities Education Act, 20 U.S.C. §§
1400 et seq., and the standards prescribed by the state board.

5. If
a pupil fails to demonstrate adequate achievement on the examination
administered before the completion of grade 4 or 8, he may be promoted to the
next higher grade, but the results of his examination must be evaluated to determine
what remedial study is appropriate. If a pupil fails to pass the proficiency
examination administered before the completion of grade 11, he must not be
graduated until he is able, through remedial study, to pass the proficiency
examination, but he may be given a certificate of attendance, in place of a
diploma, if he has reached the age of 17 years.

[5.]6. The state board shall prescribe
standard examinations of achievement and proficiency to be administered
pursuant to subsection 1. The examinations on reading and mathematics
prescribed for grades 4 and 8 must be selected from
examinations created by private entities and administered to a national
reference group, and must allow for a comparison of the achievement and
proficiency of pupils in grades 4 and 8 in this state to that of a national
reference group of pupils in grades 4 and 8.

must be selected from examinations created by private
entities and administered to a national reference group, and must allow for a
comparison of the achievement and proficiency of pupils in grades 4 and 8 in
this state to that of a national reference group of pupils in grades 4 and 8.
The questions contained in the examinations and the approved answers used for
grading them are confidential, and disclosure is unlawful except:

(a) To the extent necessary for administering
and evaluating the examinations.

(b) That a disclosure may be made to a state
officer who is a member of the executive or legislative branch to the extent
that it is related to the performance of that officers duties.

(c) That specific questions and answers may be
disclosed if the superintendent of public instruction determines that the
content of the questions and answers is not being used in a current examination
and making the content available to the public poses no threat to the security
of the current examination process.

Sec. 2. NRS 389.017 is hereby
amended to read as follows:

389.017 1. The
state board [of education] shall
prescribe regulations requiring that each board of trustees of a school
district submit to the superintendent of public instruction, in the form and
manner prescribed by the superintendent, the results of achievement and
proficiency examinations given in the 4th, 8th and 11th grades of public school
pupils in the district. The state board shall not include in the regulations
any provision which would violate the confidentiality of the test scores of any
individual pupil.

2. The results of
examinations administered to all pupils must be reported for each school,
school district and this state as follows:

(a) The average score of
pupils with disabilities for whom different standards of achievement are
adopted or other modifications or accommodations are made if such reporting
does not violate the confidentiality of the test scores of any individual
pupil;

(b) The average score of
pupils for whom different standards of achievement were not adopted or other
modifications or accommodations were not made; and

(c) The average score of
all pupils who were tested.

3. On or before
November 1 of each year, each school district shall report to the department
the following information for each examination administered in the public
schools in the school district:

(a) The examination
administered;

(b) The grade level or
levels of pupils to whom the examination was administered;

(c) The costs incurred by
the school district in administering each examination; and

(d) The purpose, if any,
for which the results of the examination are used by the school district.

On or before December 1 of each year,
the department shall transmit to the budget division of the department of
administration and the fiscal analysis division of the legislative counsel
bureau the information submitted to the department pursuant to this subsection.

4. The
superintendent of schools of each school district shall certify that the number
of pupils who took the examinations required pursuant to NRS 389.015 is equal
to the number of pupils who are enrolled in each school in the school district
who are required to take the examinations except for those pupils who are
exempt from taking the examinations. A pupil may be exempt from taking the
examinations if:

(a) His proficiency in
the English language is below the average proficiency of pupils at the same
grade level; or

(b) He is enrolled in a
program of special education pursuant to NRS 388.440 to 388.520, inclusive, and
his program of special education specifies that he is exempt from taking the
examinations.

5. In addition to
the information required by subsection 3, the superintendent of public
instruction shall:

(a) Report the number of
pupils who were not exempt from taking the examinations but were absent from
school on the day that the examinations were administered; and

(b) Reconcile the number
of pupils who were required to take the examinations with the number of pupils
who were exempt from taking the examinations or absent from school on the day
that the examinations were administered.

Sec. 6. 1. There
is hereby appropriated from the state general fund to the department of
education the sum of $670,030 to pay for costs incurred by the department
during the fiscal years [1995-97]1995-99 relating to the standard examinations
of achievement and proficiency of pupils administered pursuant to NRS 389.015.

2. Any
remaining balance of the appropriation made by subsection 1 must not be
committed for expenditure after June 30, [1997,]1999, and reverts to the state general fund
as soon as all payments of money committed have been made.

Sec. 2. [The sums appropriated]Any remaining balance of the appropriation made by
section 1 of this act [are available for either
fiscal year. Any balance of those sums] must not be committed for
expenditure after June 30, [1997,]1999, and reverts to the state general fund as soon as
all payments of money committed have been made.

Sec. 6. 1. The
high school proficiency examination developed with the money appropriated
pursuant to section 1 of chapter 477, Statutes of Nevada 1995, at page 1529,
must be administered to all pupils enrolled in grade 11 during the school year
that begins in 1997.

2. The score required to pass that
examination must be:

(a) Set at a moderate level for pupils to whom
the examination is administered during the school year that begins in 1997; and

(b) Increased to a higher level for pupils to
whom the examination is administered during subsequent school years, except
that the score required to pass the examination must not be increased for
pupils who failed to pass the examination administered during the school year
that begins in 1997 and to whom the examination is again administered during a
subsequent school year.

Sec. 7. This act becomes
effective upon passage and approval or on June 29, 1997, whichever occurs
earlier.

________

CHAPTER 569, AB 405

Assembly Bill No. 405Assemblyman Manendo (By Request)

CHAPTER 569

AN ACT relating to pets; requiring that a
retailer or dealer of dogs or cats provide certain information concerning the
history of a dog or cat to any purchaser before the completion of the sale;
providing a penalty; and providing other matters properly relating thereto.

[Approved July 16, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 574 of NRS
is hereby amended by adding thereto a new section to read as follows:

1. In addition to
any other penalty provided by law, the administrator may impose an
administrative fine on any retailer or dealer who violates the provisions of
NRS 574.460, 574.470 or 574.480 in an amount not to exceed:

For the
first violation........................................................................... $250

For the
second violation...................................................................... 500

For each
subsequent violation........................................................... 1,000

2. All fines
collected by the administrator pursuant to subsection 1 must be deposited with
the state treasurer for credit to the state general fund.

3. As used in this
section, administrator means the administrator of the division of agriculture
of the department of business and industry.

Sec. 2. NRS 574.450 is
hereby amended to read as follows:

574.450 1. A retailer or
dealer shall, after the acquisition of a cat or dog for resale, cause the cat
or dog to be examined by a veterinarian. The retailer or
dealer shall not sell the cat or dog before it is initially examined by a
veterinarian.

retailer or dealer shall not sell the cat or dog before it
is initially examined by a veterinarian.

2. A retailer or dealer shall cause a cat
or dog acquired for resale to be re-examined by a veterinarian:

(a) Fourteen days after the date of its initial
examination; and

(b) Every 30 days thereafter until sold.

3. If a veterinarian conducting an
examination pursuant to this section finds that the cat or dog has no illness,
disease or other condition that is terminal or requires immediate
hospitalization or immediate surgical intervention, he shall provide a written
statement setting forth his findings to the retailer or dealer.

4. [A
retailer or dealer shall provide to the purchaser of a cat or dog, at the time
of sale, written notice of any veterinary treatment or medication received by
the cat or dog after it was acquired by the retailer or dealer, including a
copy of any statement provided by a veterinarian pursuant to subsection 3. The
notice must be signed by the retailer or dealer, dated and include the dates on
which the cat or dog was examined and on which the cat or dog received
medication or a vaccination.

5.]A
retailer or dealer shall not knowingly sell a cat or dog if it has an illness,
disease or other condition that is terminal or requires immediate
hospitalization or immediate surgical intervention.

[6.]5. For the purposes of this section, the
presence of internal or external parasites does not constitute an illness,
disease or other condition that is terminal or requires immediate
hospitalization or immediate surgical intervention unless the cat or dog is
clinically ill as a result of the parasite.

Sec. 3. NRS 574.460 is
hereby amended to read as follows:

574.460 1. A
retailer or dealer shall , before selling a cat,
provide the purchaser of [a cat, at the time of
sale,]the cat with a
written statement [containing:

1.]that discloses:

(a) The name, address and
telephone number of the retailer or dealer.

(b) The date the
cat was born, if known.

[2.](c) The name and address of the person from whom
the retailer or dealer obtained the cat and, if the person holds a license
issued by the United States Department of Agriculture, the persons federal
identification number.

[3.](d)The name and address
of the breeder of the cat, if any, and, if the breeder holds a license issued
by the United States Department of Agriculture, the breeders federal
identification number.

(e) The registration
numbers, if any, of the cats sire and dam with the appropriate breed registry
or any health certifications from a health certification organization such as
the Orthopedic Foundation for Animals or its successor organization, if any.

(f) A record of
any immunizations administered to the cat before the time of sale, including
the type of vaccine, date of administration and name and address of the
veterinarian who prescribed the vaccine.

(1) The date that
a veterinarian examined and, if applicable, re-examined the cat pursuant to
subsections 1 and 2 of NRS 574.450 and determined that the cat did not have any
illness, disease or other condition that is terminal or requiresimmediate
hospitalization or immediate surgical intervention . [and is apparent at the time of the sale or should have
been known from the records of the veterinarian received pursuant to NRS
574.450. The]For the purposes of
this subparagraph, the presence of internal or external parasites does
not constitute an illness, disease or other condition [for
which notice must be given pursuant to this subsection]that is terminal or requires immediate hospitalization or
immediate surgical intervention, unless the cat is clinically ill as a
result of the parasite.

(2) Whether any
treatment or medication has been administered by the veterinarian who examined
or, if applicable, re-examined the cat pursuant to subsections 1 and 2 of NRS
574.450 and if such treatment or medication was administered, a statement
indicating on what date it was administered and for what illness, disease or
condition.

(3) The name and
address of the veterinarian who performed the examinations or re-examinations
or administered any treatments or medications.

(h) That a copy of the
veterinarians evaluation of the health of the cat made pursuant to NRS 574.450
is available to the purchaser.

2. The written
statement must be signed and dated by the retailer or dealer and contain a
space for the purchaser to sign and date the statement as an attestation that
he has read and understands the disclosures contained in the statement.

Sec. 4. NRS 574.470 is
hereby amended to read as follows:

574.470 1. A
retailer or dealer shall , before selling a dog, provide
the purchaser of [a dog, at the time of sale,]the dog with a written statement [containing:

1.]that discloses:

(a)The name, address and telephone number of the retailer or
dealer.

(b) The date the
dog was born, if known.

[2.](c) The name and address of the person from whom
the retailer or dealer obtained the dog and, if the person holds a license
issued by the United States Department of Agriculture, the persons federal
identification number.

[3.](d) The name and address of the breeder of the
dog , if any, and, if the breeder holds a license
issued by the United States Department of Agriculture, the breeders federal
identification number.

[4.](e) The registration numbers, if any, of the
dogs sire and dam with the appropriate breed registry or any health certifications from a health certification
organization such as the Orthopedic Foundation for Animals or its successor
organization, if any.

[5.](f) A record of any immunizations administered to
the dog before the time of sale, including the type of vaccine, date of
administration and name and address of the veterinarian who prescribed the
vaccine.

(1) The date that
a veterinarian examined and, if applicable, re-examined the dog pursuant to
subsections 1 and 2 of NRS 574.450 and determined that the dog did not have
any illness, disease or other condition that isterminal or requiresimmediate
hospitalization or immediate surgical intervention . [and is apparent at the time of the sale or should have
been known from the records of the veterinarian received pursuant to NRS
574.450. The] For the purposes of this
subparagraph, the presence of internal or external parasites does not
constitute an illness, disease or other condition [for
which notice must be given pursuant to this subsection]that is terminal or requires immediate hospitalization or
immediate surgical intervention, unless the dog is clinically ill as a
result of the parasite.

(2) Whether any
treatment or medication has been administered by the veterinarian who examined
or, if applicable, re-examined the dog pursuant to subsections 1 and 2 of NRS
574.450 and, if such treatment or medication was administered, a statement
indicating on what date it was administered and for what illness, disease or
condition.

(3) The name and
address of the veterinarian who performed the examinations or re-examinations
or administered any treatments or medications.

(h) That a copy of the
veterinarians evaluation of the health of the dog performed pursuant to NRS
574.450 is available to the purchaser.

2. The written
statement must be signed and dated by the retailer or dealer and contain a space
for the purchaser to sign and date the statement as an attestation that he has
read and understands the disclosures contained in the statement.

Sec. 5. NRS 574.480 is
hereby amended to read as follows:

574.480 A retailer or dealer shall
conspicuously post within close proximity to the primary enclosure of a dog or
cat offered for sale the following notice printed in
at least [100-point type: INFORMATION ON THE]48-point type upon paper that is at least 11 inches
wide and 17 inches long:

NEVADA LAW REQUIRES THAT INFORMATION
CONCERNING THE DATE OF BIRTH, SOURCE , LINEAGE
AND MEDICAL HISTORY OF THESE DOGS (OR CATS) [,
AND OF VETERINARY TREATMENTS RECEIVED BY THESE DOGS (OR CATS), IS AVAILABLE FOR
REVIEW.]BE PROVIDED TO THE
PURCHASER BEFORE THE COMPLETION OF ANY SALE.

________

κ1997
Statutes of Nevada, Page 2776κ

CHAPTER 570, AB 414

Assembly Bill No. 414Committee on Elections, Procedures,
and Ethics

CHAPTER 570

AN ACT relating to elections; requiring
the notification of registrars of voters and certain county clerks when a
registered voter is adjudicated insane or mentally incompetent; revising the
provision that limits the authorized number of registered voters for a precinct
in which a mechanical voting system is used; requiring the county and city
clerks to prescribe the color of the ballots used in an election; revising the
period during which a city clerk is required to provide a voting booth on the
premises of his office for voting certain absent ballots; authorizing early
voting by personal appearance in city elections; revising the period for filing
an affidavit of candidacy for a city office; revising the period for filing an
application to vote; revising the period for testing automatic tabulating equipment
used in an election in certain counties and cities; authorizing the printing of
ballots and other election materials outside this state under certain
circumstances and with noncommercial printing establishments; revising the
period for filing certain ballot questions with the county or city clerk; and
providing other matters properly relating thereto.

[Approved July 16, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 293 of NRS
is hereby amended by adding thereto the provisions set forth as sections 2 and
3 of this act.

Sec. 2. City of the first class, city of the second class or city
of the third class means a city:

1. Organized
pursuant to the provisions of chapter 266 of NRS; or

2. Incorporated
pursuant to a special charter,

having a population described in
subsections 1, 2 and 3 of NRS 266.055, respectively.

Sec. 3. Within 30 days after a person is adjudicated insane or
mentally incompetent by a district court, the clerk of the district court shall
provide a certified copy of the order or judgment of insanity or mental
incompetency to:

1. The county
clerk of the county in which the person is a resident, if the person is not a
resident of the county in which the district court is located; or

2. The registrar
of voters of the county, if the person is a resident of the county in which the
district court is located and the county has created the office of registrar of
voters pursuant to NRS 244.164.

Sec. 4. NRS 293.010 is
hereby amended to read as follows:

293.010As used in this Title,
unless the context otherwise requires, the words and terms defined in NRS
293.013 to 293.121, inclusive, and section 2 of this act
have the meanings ascribed to them in those sections.

Sec. 5. NRS 293.207 is
hereby amended to read as follows:

293.207 1. Election
precincts must be established on the basis of the number of registered voters
therein, with a maximum of 600 registered voters per precinct in those
precincts in which paper ballots are used, or a maximum of 1,500 registered
voters who are not designated inactive pursuant to NRS 293.530 per precinct in those precincts in
which a mechanical voting system is used.

pursuant to NRS 293.530 per
precinct in those precincts in which a mechanical voting system is used.

2. The county clerk may consolidate two
or more contiguous election precincts into a single voting district to conduct
a particular election as public convenience, necessity and economy may require.

Sec. 6. NRS 293.250 is
hereby amended to read as follows:

293.250 1. The secretary of
state shall, in a manner consistent with the election laws of this state,
prescribe:

(a) The form of all ballots, absent ballots,
diagrams, sample ballots, certificates, notices, declarations, applications to
register to vote, lists, applications, pollbooks, registers, rosters, statements
and abstracts required by the election laws of this state.

(b) The procedure to be followed when a computer
is used to register voters and to keep records of registration.

2. He shall prescribe with respect to the
matter to be printed on every kind of ballot:

(a) The placement and listing of all offices,
candidates and measures upon which voting is statewide, which must be uniform
throughout the state.

(b) The listing of all other candidates required
to file with him, and the order of listing all offices, candidates and measures
upon which voting is not statewide, from which each county or city clerk shall
prepare appropriate ballot forms for use in any election in his county.

3. He shall place the condensation of
each proposed constitutional amendment or statewide measure near the spaces or
devices for indicating the voters choice.

4. The fiscal note for and explanation of
each proposed constitutional amendment or statewide measure, including
arguments for and against it, must be included on all sample ballots.

5. The condensations and explanations for
constitutional amendments and statewide measures proposed by initiative or
referendum must be prepared by the secretary of state, upon consultation with
the attorney general. They must be in easily understood language and of
reasonable length, and whenever feasible must be completed by April 1 of the
year in which the general election is to be held.

6. The names of candidates for township
and legislative or special district offices must be printed only on the ballots
furnished to voters of that township or district.

7. [County
and city clerks may] A county or city
clerk:

(a) May divide
paper ballots into two sheets in a manner which provides a clear understanding
and grouping of all measures and candidates.

(b) Shall prescribe the
color or colors of the ballots and voting receipts used in any election which
the clerk is required to conduct.

Sec. 6.5. NRS 293.327 is
hereby amended to read as follows:

293.327 1. If a request for
an absent ballot is made by a registered voter in person, a city clerk shall
issue an absent ballot to the registered voter, and the ballot must be voted on
the premises of the clerks office and returned to the clerk. The clerk shall
follow the same procedure as in the case of absent ballots received by mail.

2. At least 25 days before a primary or
general city election until 5:00 p.m. [the day]on:

(a) The Friday before the
election; or

(b) If the office of a
city clerk is not scheduled to be open on the Friday before the election, the
Thursday before the election,

each city clerk shall provide a voting booth, with suitable
equipment for voting, on the premises of his office for use by registered
voters who are issued absent ballots in accordance with this section.

Sec. 7. NRS 293.356 is
hereby amended to read as follows:

293.356 1. If a request is
made to vote early by a registered voter in person, the county or city clerk shall issue a ballot for early voting to
the voter. Such a ballot must be voted on the premises of the clerks office
and returned to the clerk. If the ballot is a paper ballot or a ballot which is
voted by punching a card, the clerk shall follow the same procedure as in the
case of absent ballots received by mail.

2. On the dates for early voting
prescribed in NRS 293.3568, each county or city clerk
shall provide a voting booth, with suitable equipment for voting, on the
premises of his office for use by registered voters who are issued ballots for
early voting in accordance with this section.

Sec. 8. NRS 293.3564 is
hereby amended to read as follows:

293.3564 1. The county clerk
may establish permanent polling places for early voting by personal appearance
at locations designated by him throughout the county. Except as otherwise
provided in subsection 2, any person entitled to vote early by personal
appearance may do so at any polling place for early voting.

2. If it is impractical for the county
clerk to provide at each polling place for early voting a ballot in every form
required in the county, he may:

(a) Provide appropriate forms of ballots for all
offices within a township, city, town or county commissioner election district,
as determined by the county clerk; and

(b) Limit voting at that polling place to
registered voters in that township, city, town or county commissioner election
district.

3. The city clerk
may establish permanent polling places for early voting by personal appearance
at locations designated by him throughout the city. Any person entitled to vote
early by personal appearance may do so at any polling place for early voting.

Sec. 9. NRS 293.3568 is
hereby amended to read as follows:

293.35681. The
period for early voting by personal appearance begins the third Saturday
preceding a primary or general election , or a primary
city election or general city election, and extends through the Friday
before election day, Sundays and holidays excepted.

2. The county or
city clerk may:

(a) Include any Sunday or holiday that falls
within the period for early voting by personal appearance.

(b) Require a permanent polling place for early
voting to remain open until 8 p.m. on any Saturday that falls within the period
for early voting.

(2) During the second week of early
voting, from 8 a.m. until 6 p.m. or until 8 p.m. if the county or city clerk so requires.

(b) On any Saturday that falls within the period
for early voting, from 10 a.m. until 6 p.m.

(c) If the county clerk or
city clerk includes a Sunday that falls within the period for early
voting pursuant to subsection 2, during such hours as he may establish.

Sec. 10. NRS 293.3572 is
hereby amended to read as follows:

293.3572 1. In addition to
permanent polling places for early voting, the county or
city clerk may establish temporary branch polling places for early
voting.

2. The provisions of subsection 3 of NRS
293.3568 do not apply to a temporary polling place. Voting at a temporary
branch polling place may be conducted on any one or more days and during any
hours within the period for early voting by personal appearance, as determined
by the county or city clerk.

3. The schedules for conducting voting
are not required to be uniform among the temporary branch polling places.

4. The legal
rights and remedies which inure to the owner or lessor of private property are
not impaired or otherwise affected by the leasing of the property for use as a
temporary branch polling place for early voting, except to the extent necessary
to conduct early voting at that location.

Sec. 11. NRS 293.3576 is
hereby amended to read as follows:

293.3576 1. The county or city clerk shall publish during the week before the
period for early voting and at least once each week during the period for early
voting in a newspaper of general circulation a schedule stating:

(a) The location of each permanent and temporary
polling place for early voting and the election precincts served by each
location.

(b) The dates and hours that early voting will
be conducted at each location.

2. [A]The county clerk shall post a copy of the
schedule [must also be posted] on
the bulletin board used for posting notice of meetings of the board of county
commissioners. The city clerk shall post a copy of the
schedule on the bulletin board used for posting notice of the meetings of the
city council. The schedule must be posted continuously for a period
beginning not later than the fifth day before the first day of the period for
early voting by personal appearance and ending on the last day of that period.

3. The county or
city clerk shall make copies of the schedule available to the public in
reasonable quantities without charge during the period of posting.

4. No additional polling places for early
voting may be established after the schedule is published pursuant to this
section.

Sec. 12. NRS 293.358 is
hereby amended to read as follows:

293.3581. The
county or city clerk shall appoint for each
polling place for early voting a deputy clerk for early voting who must serve
as the election officer in charge of the polling place.

2. The county or
city clerk may also appoint as many additional deputy clerks as he deems
necessary for the proper conduct of the election.

Sec. 13. NRS 293.3585 is
hereby amended to read as follows:

293.3585 1. Upon the
appearance of a person to cast a ballot for early voting, the deputy clerk for
early voting shall:

(a) Determine that the person is a registered
voter in the county;

(b) Instruct the voter to sign the roster for
early voting; and

(c) Verify the signature of the voter against
that contained on the original application to register to vote or facsimile
thereof, the card issued to the voter at the time of registration or some other
piece of official identification.

2. The county or
city clerk shall prescribe a procedure, approved by the secretary of
state, to determine that the voter has not already voted pursuant to this
section.

3. The roster for early voting must
contain:

(a) The voters name, the address where he is
registered to vote, his voter identification number and a place for the voters
signature;

(b) The voters precinct or voting district
number; and

(c) The date of voting early in person.

4. When a voter is entitled to cast his
ballot and has identified himself to the satisfaction of the deputy clerk for
early voting, he is entitled to receive the appropriate ballot or ballots, but
only for his own use at the polling place for early voting.

5. If the ballot is voted by punching a
card, the deputy clerk for early voting shall:

(a) Ensure that the voters precinct or voting
district and the form of ballot are indicated on the card;

(b) Direct the voter to the appropriate
mechanical recording device for his form of ballot; and

(c) Allow the voter to place his voted ballot in
the ballot box.

6. If the ballot is voted on a mechanical
recording device which directly records the votes electronically, the deputy
clerk for early voting shall:

(a) Prepare the mechanical recording device for
the voter;

(b) Ensure that the voters precinct or voting
district and the form of ballot are indicated on each part of the voting
receipt;

(c) Retain one part of the voting receipt for
the election board and return the other part of the voting receipt to the
voter; and

(d) Allow the voter to cast his vote.

7. A voter applying to vote early by
personal appearance may be challenged pursuant to NRS 293.303.

Sec. 14. NRS 293.359 is
hereby amended to read as follows:

293.359 1. The ballot box
for early voting in which voted ballots which are paper ballots or ballots
which are voted by punching a card are deposited must have two locks, each with
a different key and must be designed and constructed so that the box can be
sealed to detect any unauthorized opening of the box and that the ballot slot
can be sealed to prevent any unauthorized deposit in the box. The seals for the
boxes must be serially numbered for each election.

2. During the period for early voting by
personal appearance, the county or city clerk
shall keep the key to one of the locks to the ballot box for early voting and a
designated custodian, not under the authority of the county or city clerk, shall keep the key to the second lock.

3. Each custodian shall retain possession
of the key entrusted to him until it is delivered to the ballot board for early
voting.

Sec. 15. NRS 293.3594 is
hereby amended to read as follows:

293.3594 1. A plan
for the security of ballots for early voting must be submitted to the secretary
of state for approval no later than 90 days before the election at which early
voting is to be conducted.

2. At the close of early voting each day,
the deputy clerk for early voting shall secure each voting machine used for
early voting in a manner prescribed by the secretary of state so that its
unauthorized operation is prevented.

3. All materials for early voting must be
delivered to the county clerks office or the city
clerks office at the close of voting on the last day for voting at the
polling place for early voting.

Sec. 16. NRS 293.3598 is
hereby amended to read as follows:

293.3598 1. A ballot board
for early voting must be appointed by the county clerk to handle early voting
ballots for that county.

[2. The]A ballot board for early voting must be appointed by
the city clerk to handle early voting ballots for that city.

2. Each ballot board
must consist of two co-chairmen who must be of different political parties and
at least two other members who may be of the same political party as one of the
co-chairmen but must not be of the same political party as any other member.

Sec. 17. NRS 293.3602 is
hereby amended to read as follows:

293.3602 If paper ballots or ballots
which are voted by punching a card are used during the period for early voting
by personal appearance:

1. The ballots voted at the permanent or
temporary polling place must be delivered by an election board officer to the
county clerks office or the city clerks office at
the close of each voting day. The seal on the ballot box must indicate the
number of voted ballots contained in that box for that day.

2. When the ballot box is delivered pursuant
to subsection 1, the county or city clerk shall
provide a new ballot box locked in the manner prescribed in NRS 293.359.

3. At the close of the fourth voting day
before the last day to vote early and at the close of each of the 3 days
thereafter, the county or city clerk shall
deliver all ballots voted to the ballot board for early voting. At the close of
the last voting day, the county or city clerk
shall deliver to the appropriate ballot board for
early voting:

(a) Each remaining ballot box containing the
ballots voted early by personal appearance and his key to each box;

(b) A voting roster of all persons who voted
early by personal appearance; and

(c) Any list of registered voters used in
conducting early voting.

4. Upon the call of the chairmen of the
board, the custodian of the key to the second lock on the ballot boxes shall
deliver his key for each box to the presiding officer.

(a) Remove all ballots from the ballot boxes and
sort the ballots by precinct or voting district;

(b) Count the number of ballots by precinct or
voting district;

(c) Account for all ballots on an official
statement of ballots; and

(d) Place all official ballots in the container
provided to transport those items to a central counting place and seal the
container with a numbered seal. The official statement of ballots must accompany
the voted ballots to the central counting place.

6. The county or
city clerk shall allow members of the general public to observe the
handling of the ballots pursuant to subsection 5 if those members do not
interfere with the handling of the ballots.

Sec. 18. NRS 293.3604 is
hereby amended to read as follows:

293.3604If ballots which are
voted on a mechanical recording device which directly records the votes
electronically are used during the period for early voting by personal
appearance in an election other than a presidential preference primary
election:

1. At the close of each voting day the
election board shall:

(a) Prepare and sign a statement for the polling
place. The statement must include:

(1) The title of the election;

(2) The number of the precinct or voting
district;

(3) The number which identifies the
mechanical recording device and the storage device required pursuant to NRS
293B.084;

(4) The number of ballots voted on the
mechanical recording device for that day;

(5) The number of signatures in the
roster for early voting for that day; and

(6) The number of voting receipts
retained pursuant to NRS 293.3585 for that day.

(b) Secure:

(1) The ballots pursuant to the plan for
security required by NRS 293.3594; and

(2) Each mechanical voting device in the
manner prescribed by the secretary of state pursuant to NRS 293.3594.

2. At the close of the last voting day,
the county or city clerk shall deliver to the appropriate ballot board for early voting:

(a) The statements for all polling places for
early voting;

(b) The voting receipts retained pursuant to NRS
293.3585;

(c) The voting rosters used for early voting;

(d) The storage device required pursuant to NRS
293B.084 from each mechanical recording device used during the period for early
voting; and

(e) Any other items as determined by the county or city clerk.

3. Upon receipt of the items set forth in
subsection 2 at the close of the last voting day, the ballot board for early
voting shall:

(d) Place the items in the container provided to
transport those items to the central counting place and seal the container with
a numbered seal. The official statement of ballots must accompany the items to
the central counting place.

Sec. 19. NRS 293.3606 is
hereby amended to read as follows:

293.3606 1. After 8 a.m. on
election day, the appropriate board shall count in public the returns for early
voting.

2. The returns for early voting must not
be reported until after the polls have closed on election day.

3. The returns for early voting may be
reported separately from the regular votes of the precinct, unless reporting
the returns separately would violate the secrecy of the voters ballot.

4. The county or
city clerk shall develop a procedure to ensure that each ballot is kept
secret.

5. Any person who disseminates to the
public information relating to the count of returns for early voting before the
polls close is guilty of a gross misdemeanor.

Sec. 20. NRS 293.3608 is
hereby amended to read as follows:

293.3608 On election day the
county or city clerk shall:

1. Ensure that each mechanical recording
device used during the period for early voting provides a record printed on paper
of the total number of votes recorded on the device for each candidate and for
or against each measure; and

2. Deliver to the central counting place:

(a) The items:

(1) Sorted and counted pursuant to
subsection 3 of NRS 293.3604; or

(2) Counted pursuant to subsection 2 of
NRS 298.360;

(b) The records printed on paper provided
pursuant to subsection 1; and

(c) The storage device required pursuant to NRS
293B.084 from each mechanical recording device used during the period for early
voting.

Sec. 21. NRS 293.361 is
hereby amended to read as follows:

293.3611. During
the time a polling place for early voting is open for voting, a person may not
electioneer for or against any candidate, measure or political party in or
within 30 feet from the entrance to the voting area.

2. During the period of early voting, the
county or city clerk shall keep continuously
posted:

(a) At the entrance to the room or area, as
applicable, in which the polling place for early voting is located a sign on
which is printed in large letters Polling Place for Early Voting; and

(b) At the outer limits of the area within which
electioneering is prohibited, a sign on which is printed in large letters
Distance Marker. No electioneering between this point and the entrance to the
polling place.

3. Ropes or other suitable objects may be
used at the polling place to ensure compliance with this section. Persons who
are not expressly permitted by law to be in a polling place must be excluded
from the polling place to the extent practicable.

4. Any person who willfully violates the
provisions of this section is guilty of a gross misdemeanor.

293.481 1. Except as
otherwise provided in subsection 2, every governing body of a political
subdivision, public or quasi-public corporation, or other local agency
authorized by law to submit questions to the qualified electors or registered
voters of a designated territory, when the governing body decides to submit a
question:

(a) At a general election, shall provide a copy
of the question, including an explanation of and arguments for and against the
question, to each county clerk within the designated territory on or before the
third Monday in July preceding the election.

(b) At a primary election, shall provide a copy
of the question, including an explanation of and arguments for and against the
question, to each county clerk within the designated territory on or before the
[date on which a certificate of candidacy for a
candidate of a major political party must be filed pursuant to NRS 293.180.]third Monday in Maypreceding
the election.

(c) At any election other than a primary or
general election at which the county clerk gives notice of the election or
otherwise performs duties in connection therewith other than the registration
of electors and the making of records of registered voters available for the
election, shall provide a copy of the question, including an explanation of and
arguments for and against the question, to each county clerk at least 60 days
before the election.

(d) At any city election at which the city clerk
gives notice of the election or otherwise performs duties in connection
therewith, shall provide a copy of the question, including an explanation of
and arguments for and against the question, to the city clerk at least [35]60
days before the election.

2. The requirements of subsection 1 do
not apply to any question expressly privileged or required pursuant to the
provisions of article 19 of the constitution of the State of Nevada or pursuant
to the provisions of chapter 295 of NRS or any other statute to be submitted if
proposed after the dates specified.

3. A county or city clerk may charge any
political subdivision, public or quasi-public corporation or other local agency
which submits a question a reasonable fee sufficient to pay for the increased costs
incurred in including the question, explanation and arguments on the ballot.

Sec. 23. NRS 293.5235 is
hereby amended to read as follows:

293.5235 1. Except as
otherwise provided in NRS 293.502, a person may register to vote by mailing an
application to register to vote to the county clerk of the county in which he
resides. The county clerk shall, upon request, mail an application to register
to vote to an applicant. The county clerk shall make the applications available
at various public places in the county. An application to register to vote may
be used to correct information in the registrar of voters register.

2. An application to register to vote
which is mailed to an applicant by the county clerk or made available to the
public at various locations or voter registration agencies in the county may be
returned to the county clerk by mail or in person. For the purposes of this
section, an application which is personally delivered to
the county clerk shall be deemed to have been returned by mail.

personally delivered to the county clerk shall be deemed to
have been returned by mail.

3. The applicant must complete and sign
the application.

4. The county clerk shall, upon receipt
of an application, determine whether the application is complete.

5. If he determines that the application
is complete, he shall, within 10 days after he receives the application, mail a
notice to the applicant informing him that:

(a) He is registered to vote and a voter
registration card as required by subsection 6 of NRS 293.517; or

(b) The registrar of voters register has been
corrected to reflect any changes indicated on the application.

The applicant shall be deemed to be registered or to have
corrected the information in the register as of the date the application is
postmarked.

6. If the county clerk determines that
the application is not complete, he shall, as soon as possible, mail a notice
to the applicant informing him that additional information is required to
complete the application. If the applicant provides the information requested
by the county clerk within 15 days after the county clerk mails the notice, the
county clerk shall, within 10 days after he receives the information, mail a
notice to the applicant informing him that:

(a) He is registered to vote and a voter
registration card as required by subsection 6 of NRS 293.517; or

(b) The registrar of voters register has been
corrected to reflect any changes indicated on the application.

The applicant shall be deemed to be registered or to have
corrected the information in the register as of the date the application is
postmarked. If the applicant does not provide the additional information within
the prescribed period, the application is void.

7. The secretary of state shall prescribe
the form for an application to register to vote by mail which must be used to
register to vote by mail in this state.

8. The county clerk shall not register a
person to vote pursuant to this section unless that person has provided all of
the information required by the application.

9. The county clerk shall mail, by
postcard, the notices required pursuant to subsections 5 and 6. If the postcard
is returned to the county clerk by the United States Postal Service because the
address is fictitious or the person does not live at that address, the county
clerk shall attempt to determine whether the persons current residence is
other than that indicated on his application to register to vote in the manner
set forth in NRS 293.530.

10. A person who, by mail, registers to
vote pursuant to this section may be assisted in completing the application to
register to vote by any other person. The application must include the mailing
address and signature of the person who assisted the applicant. The failure to
provide the information required by this subsection will not result in the
application being deemed incomplete.

11. An application to register to vote
must be made available to all persons, regardless of political party
affiliation.

12. An application must not be altered or
otherwise defaced after the applicant has completed and signed it. An
application must be mailed or delivered in person to the county clerks office
within [3 working]10 days after it is completed.

13. A person who willfully violates any
of the provisions of subsection 10, 11 or 12 is guilty of a category D felony
and shall be punished as provided in NRS 193.130.

14. The secretary of state shall adopt
regulations to carry out the provisions of this section.

Sec. 24. NRS 293.543 is
hereby amended to read as follows:

293.5431. If the registration of an elector is canceled pursuant to
subsection 2 of NRS 293.540, the county clerk shall reregister the elector upon
notice from the clerk of the district court that the elector has been declared
sane or mentally competent by the district court.

2. If the
registration of an elector is canceled pursuant to subsection 3 of NRS 293.540,
the elector may reregister after he presents written evidence from a court or
governmental agency of this state which demonstrates that:

(a) His conviction has been overturned; or

(b) His civil rights have been restored.

[2.]3. If the registration of an elector is
canceled pursuant to the provisions of subsection 5 of NRS 293.540, the elector
may reregister immediately.

[3.]4. If the registration of an elector is
canceled pursuant to the provisions of subsection 6 of NRS 293.540, after the
close of registration for a primary election, the elector may not reregister
until after the primary election.

Secs. 25-27. (Deleted by
amendment.)

Sec. 28. NRS 293B.150 is
hereby amended to read as follows:

293B.150 [No
sooner]Not earlier than 2 weeks
before [the election day,]and not later than 5 p.m. on the day before the first day of
early voting, the county or city clerk of a
county or city that uses a mechanical recording device which directly records
votes electronically shall test the automatic tabulating equipment and
programs to ascertain that the equipment and programs will correctly count the
votes cast for all offices and on all measures.

Sec. 29. NRS 293B.300 is
hereby amended to read as follows:

293B.300 1. In a primary
election, a member of the election board for a precinct shall issue each
partisan voter a ballot which [is of a
distinctive color associated with the voters major political party, which]
contains a distinctive code associated with [that]the major political party of the voter and on which is clearly printed the name
of the party.

2. If a mechanical voting system is used
in a primary election whereby votes are directly recorded electronically, a
member of the election board shall, in addition to the ballot described in
subsection 1, issue each partisan voter a voting receipt [which is of a distinctive color associated with the voters major political party and] on which is clearly printed
the name of the major political party [.]

voters major political party and]
on which is clearly printed the name of the major
political party [.]of the voter.

3. The member of the election board shall
[then] direct the partisan voter to
a mechanical recording device containing the list of offices and candidates
arranged for the voters major political party in the manner provided in NRS
293B.190.

Sec. 30. NRS 293B.305 is
hereby amended to read as follows:

293B.305 Unless a major political party
allows a nonpartisan voter to vote for its candidates:

1. In a primary election, a member of the
election board for a precinct shall issue each nonpartisan voter a ballot [of a distinctive color,]with a distinctive code and printed designation
identifying it as a nonpartisan ballot.

2. If a mechanical voting system is used
in a primary election whereby votes are directly recorded electronically, a
member of the election board shall, in addition to the ballot described in
subsection 1, issue the nonpartisan voter a voting receipt [of a distinctive color and]with a printed designation identifying it as a
nonpartisan ballot.

3. The member of the election board shall
:[then:]

(a) Direct the nonpartisan voter to a mechanical
recording device containing a list of offices and candidates setting forth only
the nonpartisan ballot;

(b) Direct the nonpartisan voter to a mechanical
recording device containing a list of offices and candidates arranged for a
partisan ballot, instruct the voter to vote only the nonpartisan section of the
list and advise the voter that any votes he may cast in the partisan section
will not be counted; or

(c) Issue a nonpartisan ballot attached to a
sheet of foam plastic or similar backing material, a punching instrument, a
sample nonpartisan ballot and an instruction sheet to the nonpartisan voter and
instruct him to punch his ballot by reference to the sample ballot.

Sec. 31. NRS 295.095 is
hereby amended to read as follows:

295.095 1. Any five
registered voters of the county may commence initiative or referendum
proceedings by filing with the county clerk an affidavit stating they will
constitute the petitioners committee and be responsible for circulating the
petition and filing it in proper form, stating their names and addresses and
specifying the address to which all notices to the committee are to be sent,
and setting out in full the proposed initiative ordinance or citing the
ordinance sought to be reconsidered.

2. Initiative petitions must be signed by
a number of registered voters of the county equal to 15 percent or more of the
number of voters who voted at the last preceding general election in the
county.

3. Referendum petitions must be signed by
a number of registered voters of the county equal to 10 percent or more of the
number of voters who voted at the last preceding general election in the
county.

4. A petition must be filed [within 180] not
later than:

(a) One hundred and
eighty days after the date that the affidavit required by subsection 1
is filed with the county clerk [.]; or

5. A petition may consist of more than
one document, but all documents of a petition must be uniform in size and style
, numbered and assembled as one instrument for
filing. Each signature must be executed in ink or indelible pencil and followed
by the address of the person signing and the date on which he signed the
petition. All signatures on a petition must be obtained within the period
specified in paragraph (a) of subsection 4. Each
document must contain or have attached thereto throughout its circulation the
full text of the ordinance proposed or sought to be reconsidered.

6. Each document of a petition must have
attached to it when filed an affidavit executed by the circulator thereof
stating:

(a) That he personally circulated the document;

(b) The number of signatures thereon;

(c) That all the signatures were affixed in his
presence;

(d) That he believes them to be genuine
signatures of the persons whose names they purport to be; and

(e) That each signer had an opportunity before
signing to read the full text of the ordinance proposed or sought to be
reconsidered.

7. The county
clerk shall issue a receipt to any person who submits a petition pursuant to
this section. The receipt must set forth the number of:

(a) Documents included in
the petition;

(b) Pages in each
document; and

(c) Signatures that the
person declares are included in the petition.

Sec. 32. NRS 295.205 is
hereby amended to read as follows:

295.205 1. Any five
registered voters of the city may commence initiative or referendum proceedings
by filing with the city clerk an affidavit:

(a) Stating they will constitute the
petitioners committee and be responsible for circulating the petition and
filing it in proper form;

(b) Stating their names and addresses;

(c) Specifying the address to which all notices
to the committee are to be sent; and

(d) Setting out in full the proposed initiative
ordinance or citing the ordinance sought to be reconsidered.

2. Initiative petitions must be signed by
a number of registered voters of the city equal to 15 percent or more of the
number of voters who voted at the last preceding city election.

3. Referendum petitions must be signed by
a number of registered voters of the city equal to 10 percent or more of the
number of voters who voted at the last preceding city election.

4. A petition must be filed [within 180]not later than:

(a) One hundred and
eighty days after the date that the affidavit required by subsection 1
is filed with the city clerk [.]; or

(b) One hundred days
before the election,

whichever is earlier.

5. A petition may consist of more than
one document, but all documents of a petition must be uniform in size and style
, numbered and assembled as one instrument for
filing. Each signature must be executed in ink or indelible pencil and followed
by the address of the person signing and the date on which he signed the
petition. All signatures on a petition must be obtained
within the period specified in paragraph (a) of subsection 4.

obtained within the period specified in paragraph (a) of subsection 4. Each document must
contain or have attached thereto throughout its circulation the full text of
the ordinance proposed or sought to be reconsidered.

6. Each document of a petition must have
attached to it when filed an affidavit executed by the circulator thereof
stating:

(a) That he personally circulated the document;

(b) The number of signatures thereon;

(c) That all the signatures were affixed in his
presence;

(d) That he believes them to be genuine
signatures of the persons whose names they purport to be; and

(e) That each signer had an opportunity before
signing to read the full text of the ordinance proposed or sought to be reconsidered.

7. The city clerk
shall issue a receipt to any person who submits a petition pursuant to this
section. The receipt must set forth the number of:

(a) Documents included in
the petition;

(b) Pages in each
document; and

(c) Signatures that the
person declares are included in the petition.

Sec. 33. NRS 244.330 is
hereby amended to read as follows:

244.330 1. [All]Except
as otherwise provided in subsection 5, public printing required by the
various counties [shall]must be placed with [some] a bona fide newspaper or bona fide commercial printing
establishment within the county .[requiring the same; but if]If there is no bona fide newspaper or bona fide
commercial printing establishment within the county adequately equipped to do [such printing, then the printing so required shall]the printing, the printing must be placed
with [some]
a bona fide newspaper or bona fide commercial printing establishment [elsewhere] in the state adequately
equipped to do [such] the printing. If only one such newspaper or commercial
printing establishment exists in the county and it fails, or has failed in the
past, with regard to a specific piece of printing required by law to be
printed, to perform its printing functions in accordance with the specification
for the job as supplied by the governing body in any year, the specific piece
of printing when required in any subsequent year may be placed with [some] a
bona fide newspaper or bona fide commercial printing establishment [elsewhere] in the state adequately
equipped to do [such] the printing.

2. Except as otherwise authorized in [subsection 4,]subsections 4 and 5, printing required by counties [shall]must
be done within the state.

3. The provisions of this section are
contingent upon satisfactory services being rendered by all such printing
establishments and reasonable charges therefor. [Reasonable
charges shall mean]As used in this
subsection, reasonable charges means a charge not in excess of the
amount necessary to be paid for similar work in other printing establishments.

4. [Nothing
in this section shall be construed as prohibiting]The provisions of this section do not prohibit the
printing of county bonds and other evidences of indebtedness outside the state.

5. Except as
otherwise provided in this subsection, the printing of ballots and other
materials required for an election must be placed with a bona fide newspaper or
bona fide printing establishment that is located within
the county in which the election will be held and that is adequately equipped
to do the printing.

within the county in which the
election will be held and that is adequately equipped to do the printing. If
there is no bona fide newspaper or bona fide printing establishment located
within that county that is adequately equipped to do the printing, the printing
may be placed with a bona fide newspaper or bona fide printing establishment
located outside the state that is adequately equipped to do the printing.

Sec. 34. Section 5.010 of the
charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983,
as amended by chapter 193, Statutes of Nevada 1991, at page 363, is hereby
amended to read as follows:

Sec. 5.010 Primary
municipal elections.

1. On the
Tuesday after the 1st Monday in May 1985, and at each successive interval of 4
years, a primary municipal election must be held in the city at which time
candidates for two offices of councilman and for municipal judge, department 2,
must be nominated.

2. On the
Tuesday after the 1st Monday in May 1987, and at each successive interval of 4
years, a primary municipal election must be held in the city at which time candidates
for mayor, for two offices of councilman and for municipal judge, department 1,
must be nominated.

3. The
candidates for councilman who are to be nominated as provided in subsections 1
and 2 must be nominated and voted for separately according to the respective
wards. The candidates from wards 2 and 4 must be nominated as provided in
subsection 1, and the candidates from wards 1 and 3 must be nominated as
provided in subsection 2.

4. If the city
council has established an additional department or departments of the
municipal court pursuant to section 4.010 of this charter, and, as a result,
more than one office of municipal judge is to be filled at any election, the
candidates for those offices must be nominated and voted upon separately
according to the respective departments.

5. Each
candidate for the municipal offices which are provided for in subsections 1, 2
and 4 must file a declaration of candidacy with the city clerk .[not less than 30 days
nor more than 40 days before the day of the primary election. If the last day
for filing a declaration of candidacy falls on a Saturday, Sunday or legal
holiday, the period for filing expires on the preceding business day at 5 p.m.]
The city clerk shall collect from each candidate, at the time of filing that
candidates declaration of candidacy, the filing fee which is prescribed by
ordinance for that office. All of the filing fees which are collected by the
city clerk must be paid into the city treasury.

6. If, at 5
p.m. on the last day for filing a declaration of candidacy, there is only one
candidate for nomination for any office, that candidate must be declared
elected for the term which commences on the day of the first regular meeting of
the city council next succeeding the meeting at which the canvass of the
returns is made, and no primary or general election need be held for that
office.

7. If, in the
primary election, regardless of the number of candidates for an office, one
candidate receives a majority of votes which are cast in
that election for the office for which he is a candidate, he must be declared
elected for the term which commences on the day of the first regular meeting of
the city council next succeeding the meeting at which the canvass of the
returns is made, and no general election need be held for that office.

which are cast in that election for
the office for which he is a candidate, he must be declared elected for the
term which commences on the day of the first regular meeting of the city
council next succeeding the meeting at which the canvass of the returns is
made, and no general election need be held for that office. If, in the primary
election, no candidate receives a majority of votes which are cast in that
election for the office for which he is a candidate, the names of the two
candidates who receive the highest number of votes must be placed on the ballot
for the general election.

Sec. 35. Section 5.020 of the
charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as
last amended by chapter 462, Statutes of Nevada 1993, at page 1468, is
hereby amended to read as follows:

Sec. 5.020 Primary
elections; declaration of candidacy.

1. [Except as otherwise provided in this subsection, a] A candidate for any office to be voted for at an
election shall file an affidavit of candidacy with the city clerk .[not less than 30 nor
more than 40 days before the day of the primary election. A candidate for any
office to be voted for at a regular election held after June 1995 shall file an
affidavit of candidacy with the city clerk not earlier than the first Monday in
May of the year in which the election is to be held nor later than 5 p.m. on
the third Monday in May.] The city clerk shall charge and collect
from the candidate and the candidate [shall]must pay to the city clerk, at the time of
filing [the]his affidavit of candidacy, a filing fee of $25 for
filing an affidavit of candidacy. All filing fees so collected by the city
clerk must be deposited to the credit of the general fund of the city.

2. [If for any general municipal election held before July
1995, there are three or more candidates for any office to be filled at that
election, a primary election for any such office must be held on the Tuesday
following the first Monday in May preceding the general election. If for any
general municipal election there are two or fewer candidates for any office to
be filled at that election, their names must not be placed on the ballot for
the primary municipal election but must be placed on the ballot for the general
election.

3.]
If for any general election [held after June
1995,] there are three or more candidates for any office to be
filled at that election, a primary election for any such office must be held on
the first Tuesday in September preceding the general election. If for any
general election there are two or fewer candidates for any office to be filled
at that election, their names must not be placed on the ballot for the primary
election but must be placed on the ballot for the general election.

[4.]3. In the primary election:

(a) The names of the
two candidates for municipal judge, city attorney, or a particular city council
seat, as the case may be, who receive the highest number of votes must be
placed on the ballot for the general election.

(b) Candidates for
councilman who represent a specific ward must be voted upon only by the
registered voters of that ward.

(c) Candidates for
mayor and councilman at large must be voted upon by all registered voters of
the city.

[5.]4. The mayor and all councilmen
must be voted upon by all registered voters of the city at the general
election.

Sec. 36. Section 5.020 of the
charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as
last amended by chapter 24, Statutes of Nevada 1987, at page 61, is hereby
amended to read as follows:

Sec. 5.020 Primary
municipal elections: Declaration of candidacy.

1. [A candidate for any office to be voted for at any
general municipal election shall file an affidavit of candidacy with the city
clerk not less than 30 nor more than 40 days before the 1st Tuesday after the
1st Monday in May preceding the general election.

2.]
If for any general municipal election there are three or more candidates for
the offices of mayor, city attorney or municipal judge, or three or more
candidates from each ward to represent the ward as a member of the city
council, a primary election for that office must be held on the 1st Tuesday
after the 1st Monday in May preceding the general election.

[3.]2. Candidates for the offices of
mayor, city attorney and municipal judge must be voted upon by the registered
voters of the city at large. Candidates to represent a ward as a member of the
city council must be voted upon by the registered voters of the ward to be
represented by them.

[4.]3. The names of the two
candidates for mayor, city attorney and municipal judge and the names of the
two candidates to represent the ward as a member of the city council from each
ward who receive the highest number of votes at the primary election must be
placed on the ballot for the general election.

Sec. 37. Section
1 of Assembly Bill No. 18 of this session is hereby amended to read as
follows:

Section 1. NRS
293.361 is hereby amended to read as follows:

293.361 1. During
the time a polling place for early voting is open for voting, a person may not
electioneer for or against any candidate, measure or political party in or
within [30]100
feet from the entrance to the voting area.

2. During the
period of early voting, the county or city clerk shall keep continuously
posted:

(a) At the entrance to
the room or area, as applicable, in which the polling place for early voting is
located , a sign on which is printed in large
letters Polling Place for Early Voting; and

(b) At the outer
limits of the area within which electioneering is prohibited, a sign on which
is printed in large letters Distance Marker :[.] No electioneering between this point
and the entrance to the polling place.

3. Ropes or
other suitable objects may be used at the polling place to ensure compliance
with this section. Persons who are not expressly permitted by law to be in a
polling place must be excluded from the polling place to the extent
practicable.

4. Any person
who willfully violates the provisions of this section is guilty of a gross
misdemeanor.

Sec. 38. Section
6 of Senate Bill No. 215 of this session is hereby amended to read as
follows:

Sec. 6. NRS
293.5235 is hereby amended to read as follows:

293.5235 1. Except
as otherwise provided in NRS 293.502, a person may register to vote by mailing
an application to register to vote to the county clerk of the county in which
he resides. The county clerk shall, upon request, mail an application to
register to vote to an applicant. The county clerk shall make the applications
available at various public places in the county. An application to register to
vote may be used to correct information in the registrar of voters register.

2. An
application to register to vote which is mailed to an applicant by the county
clerk or made available to the public at various locations or voter registration
agencies in the county may be returned to the county clerk by mail or in
person. For the purposes of this section, an application which is personally
delivered to the county clerk shall be deemed to have been returned by mail.

3. The
applicant must complete and sign the application.

4. The county
clerk shall, upon receipt of an application, determine whether the application
is complete.

5. If he
determines that the application is complete, he shall, within 10 days after he
receives the application, mail a notice to the applicant informing him that:

(a) He is registered
to vote and a voter registration card as required by subsection 6 of NRS
293.517; or

(b) The registrar of
voters register has been corrected to reflect any changes indicated on the
application.

The applicant shall be deemed to be
registered or to have corrected the information in the register as of the date
the application is postmarked.

6. If the
county clerk determines that the application is not complete, he shall, as soon
as possible, mail a notice to the applicant informing him that additional
information is required to complete the application. If the applicant provides
the information requested by the county clerk within 15 days after the county
clerk mails the notice, the county clerk shall, within 10 days after he
receives the information, mail a notice to the applicant informing him that:

(a) He is registered
to vote and a voter registration card as required by subsection 6 of NRS
293.517; or

(b) The registrar of
voters register has been corrected to reflect any changes indicated on the
application.

The applicant shall be deemed to be
registered or to have corrected the information in the register as of the date
the application is postmarked. If the applicant does not provide the additional
information within the prescribed period, the application is void.

7. The
secretary of state shall prescribe the form for an application to register to
vote by mail which must be used to register to vote by mail in this state.

8. The county
clerk shall not register a person to vote pursuant to this section unless that
person has provided all of the information required by the application.

9. The county
clerk shall mail, by postcard, the notices required pursuant to subsections 5
and 6. If the postcard is returned to the county clerk by the United States
Postal Service because the address is fictitious or the person does not live at
that address, the county clerk shall attempt to determine whether the persons
current residence is other than that indicated on his application to register
to vote in the manner set forth in NRS 293.530.

10. A person
who, by mail, registers to vote pursuant to this section may be assisted in
completing the application to register to vote by any other person. The
application must include the mailing address and signature of the person who
assisted the applicant. The failure to provide the information required by this
subsection will not result in the application being deemed incomplete.

11. An
application to register to vote must be made available to all persons,
regardless of political party affiliation.

12. An
application must not be altered or otherwise defaced after the applicant has
completed and signed it. An application must be mailed or delivered in person
to the county clerks office within 10 days after it is completed.

13. A person
who willfully violates any of the provisions of subsection 10, 11 or 12 is
guilty of a category [D]E felony and shall be punished as provided in NRS
193.130.

14. The
secretary of state shall adopt regulations to carry out the provisions of this
section.

Sec. 38.1. Section
3 of Senate Bill No. 447 of this session is hereby amended to read as
follows:

Sec. 3. 1. A
primary city election must be held in each city of the first class, and in each
city of the second class that has so provided by ordinance, on the first Tuesday
after the first Monday in May of every year in which a general city election is
to be held, at which time there must be nominated candidates for offices to be
voted for at the next general city election.

2. A candidate
for any office to be voted for at the primary city election must file a
declaration of candidacy with the city clerk not less than 60 days nor more
than 70 days before the date of the primary city election. The city clerk shall
charge and collect from the candidate and the candidate must pay to the city
clerk, at the time of filing the declaration of candidacy, a filing fee in an
amount fixed by the city council by ordinance. The filing fees collected by the
city clerk must be deposited to the credit of the general fund of the city.

3. All
candidates, except as otherwise provided in NRS 266.220, must be voted upon by
the electors of the city at large.

4. If, in a
primary city election held in a city of the first or second class, one
candidate receives more than a majority of votes cast in that election for the
office for which he is a candidate, his name alone must be placed on the ballot
for the general city election. If, in the primary city
election, no candidate receives a majority of votes cast in that election for
the office for which he is a candidate, the names of the two candidates
receiving the highest number of votes must be placed on the ballot for the
general city election.

city election, no candidate
receives a majority of votes cast in that election for the office for which he
is a candidate, the names of the two candidates receiving the highest number of
votes must be placed on the ballot for the general city election.

Sec. 38.2. Section
5 of Senate Bill No. 447 of this session is hereby amended to read as
follows:

Sec. 5. 1. A
general city election must be held in each city of the third class on the first
Tuesday after the first Monday in June of the first odd-numbered year after
incorporation, and on the same day every 2 years thereafter, as determined by
ordinance.

2. There must
be one mayor and three or five councilmen, as the city council shall provide,
by ordinance, for each city of the third class. The terms of office of the
mayor and the councilmen are 4 years, which terms must be staggered. The mayor
and councilmen elected to office immediately after incorporation shall decide,
by lot, among themselves which two of their offices expire at the next general
city election, and thereafter the terms of office must be 4 years. If a city
council thereafter increases the number of councilmen, it shall, by lot,
stagger the initial terms of the additional members.

3. A candidate
for any office to be voted for at the general city election must file a
declaration of candidacy with the city clerk not less than 60 days nor more
than 70 days before the day of the general city election. The city clerk shall
charge and collect from the candidate and the candidate must pay to the city
clerk, at the time of filing the declaration of candidacy, a filing fee in an
amount fixed by the city council by ordinance.

4. Candidates
for mayor must be voted upon by the electors of the city at large. Candidates
for councilmen must be voted upon by the electors of their respective wards to
represent the wards in which they reside or by the electors of the city at
large in accordance with the provisions of chapter 266 of NRS.

Sec. 38.3. Section
11 of Senate Bill No. 447 of this session is hereby amended to read as
follows:

Sec. 11. 1. The
conduct of any city election is under the control of the governing body of the
city, and it shall, by ordinance, provide for the holding of the election,
appoint the necessary election officers and election boards, and do all other
things required to carry the election into effect.

2. Early voting
in a city election may be conducted pursuant to the provisions of NRS 293.356
to 293.361, inclusive.

Sec. 38.4. Section
107 of Senate Bill No. 447 of this session is hereby amended to read as
follows:

Sec. 107. NRS
293.250 is hereby amended to read as follows:

293.250 1. The
secretary of state shall, in a manner consistent with the election laws of this
state, prescribe:

(a) The form of all
ballots, absent ballots, diagrams, sample ballots, certificates, notices,
declarations, applications to register to vote, lists, applications, pollbooks,
registers, rosters, statements and abstracts required by the election laws of
this state.

(b) The procedure to
be followed when a computer is used to register voters and to keep records of
registration.

2. He shall
prescribe with respect to the matter to be printed on every kind of ballot:

(a) The placement and
listing of all offices, candidates and measures upon which voting is statewide,
which must be uniform throughout the state.

(b) The listing of all
other candidates required to file with him, and the order of listing all
offices, candidates and measures upon which voting is not statewide, from which
each county or city clerk shall prepare appropriate ballot forms for use in any
election in his county.

3. He shall
place the condensation of each proposed constitutional amendment or statewide
measure near the spaces or devices for indicating the voters choice.

4. The fiscal
note for and explanation of each proposed constitutional amendment or statewide
measure, including arguments for and against it, must be included on all sample
ballots.

5. The
condensations and explanations for constitutional amendments and statewide
measures proposed by initiative or referendum must be prepared by the secretary
of state, upon consultation with the attorney general. They must be in easily
understood language and of reasonable length, and whenever feasible must be
completed by April 1 of the year in which the general election is to be held.

6. The names of
candidates for township and legislative or special district offices must be
printed only on the ballots furnished to voters of that township or district.

7. A county [or city] clerk:

(a) May divide paper
ballots into two sheets in a manner which provides a clear understanding and
grouping of all measures and candidates.

(b) Shall prescribe
the color or colors of the ballots and voting receipts used in any election
which the clerk is required to conduct.

Sec. 38.5. Section
170 of Senate Bill No. 447 of this session is hereby amended to read as
follows:

Sec. 170. Section
5.020 of the charter of the City of Reno, being chapter 662, Statutes of Nevada
1971, as last amended by chapter 462, Statutes of Nevada 1993, at page 1468, is
hereby amended to read as follows:

Sec. 5.020 Primary
elections; declaration of candidacy.

1. A candidate
for any office to be voted for at an election [shall]must file [an
affidavit] a declaration of
candidacy with the city clerk. The city clerk shall charge and collect from the
candidate and the candidate must pay to the city clerk, at the time of filing
his [affidavit]declaration of candidacy, a filing fee of $25 . [for filing an
affidavit of candidacy.] All filing fees so collected by the city
clerk must be deposited to the credit of the general fund of the city.

2. If for any
general election, there are three or more candidates for any office to be
filled at that election, a primary election for any such
office must be held on the first Tuesday in September preceding the general
election.

such office must be held on the
first Tuesday in September preceding the general election. If for any general
election there are two or fewer candidates for any office to be filled at that
election, their names must not be placed on the ballot for the primary election
but must be placed on the ballot for the general election.

3. In the
primary election:

(a) The names of the
two candidates for municipal judge, city attorney, or a particular city council
seat, as the case may be, who receive the highest number of votes must be
placed on the ballot for the general election.

(b) Candidates for
councilman who represent a specific ward must be voted upon only by the
registered voters of that ward.

(c) Candidates for
mayor and councilman at large must be voted upon by all registered voters of
the city.

4. The mayor and
all councilmen must be voted upon by all registered voters of the city at the
general election.

Sec. 38.6. Section
171 of Senate Bill No. 447 of this session is hereby amended to read as
follows:

Sec. 171. Section
5.020 of the charter of the City of Sparks, being chapter 470, Statutes of
Nevada 1975, as last amended by chapter 24, Statutes of Nevada 1987, at page
61, is hereby amended to read as follows:

Sec. 5.020 Primary
municipal elections: Declaration of candidacy.

1. If for any
general municipal election there are three or more candidates for the offices
of mayor, city attorney or municipal judge [,]
or three or more candidates from each ward to represent the ward as a member of
the city council, a primary election for that office must be held on the [1st]first
Tuesday after the [1st]first Monday in May preceding the general election.

2. Candidates
for the offices of mayor, city attorney and municipal judge must be voted upon
by the registered voters of the city at large. Candidates to represent a ward
as a member of the city council must be voted upon by the registered voters of
the ward to be represented by them.

3. The names of
the two candidates for mayor, city attorney and municipal judge and the names
of the two candidates to represent the ward as a member of the city council
from each ward who receive the highest number of votes at the primary election
must be placed on the ballot for the general election.

Sec. 39. (Deleted by
amendment.)

Sec. 40. The amendatory
provisions of this act do not apply to offenses that are committed before July
1, 1997.

Sec. 41. The provisions of
subsection 1 of NRS 354.599 do not apply to any additional expenses of a local
government that are related to the provisions of this act.

Sec. 42. 1. This
section and sections 1 to 21, inclusive, and 23 to 39, inclusive, of this act
become effective on July 1, 1997.

2. Section 22 of this act becomes
effective at 12:01 a.m. on July 1, 1997.

________

CHAPTER 571, AB 415

Assembly Bill No. 415Committee on Transportation

CHAPTER 571

AN ACT relating to traffic laws; revising
provisions governing the movement of a vehicle that is unattended, disabled or
involved in an accident; and providing other matters properly relating thereto.

[Approved July 16, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 484.221 is
hereby amended to read as follows:

484.221 [1.] The
driver of any vehicle involved in an accident resulting only in damage to a
vehicle or other property which is driven or attended by any person shall
immediately stop [such]his vehicle at the scene of [such]the accident or , if his
vehicle is obstructing traffic, at a location as close thereto as
possible [,]that does not obstruct traffic, and shall forthwith
return to and [in every event shall]
remain at the scene of [such]the accident until he has fulfilled the requirements of
NRS 484.223.

[2. Every
such stop shall be made without obstructing traffic more than is necessary.]

Sec. 2. NRS 484.397 is
hereby amended to read as follows:

484.397 1. Whenever any
police officer finds a vehicle standing upon a highway in violation of any of
the provisions of this chapter, [such]the officer may move [such]the vehicle, or require the driver or person in
charge of the vehicle to move it , to a position
off the paved ,[or]
improved or main-traveled part of [such]the highway.

2. Whenever any police officer finds a
vehicle unattended or disabled upon any highway,
bridge or causeway, or in any tunnel , where [such]the
vehicle constitutes an obstruction to traffic [,
such]or interferes with the normal flow
of traffic, the officer may provide for the immediate
removal of [such vehicle in any manner
provided by law.]the vehicle.

3. Any police officer may remove any
vehicle or part of a vehicle found on the highway, or cause it to be removed,
to the nearest garage or other place of safekeeping if:

(a) The vehicle has been involved in an accident
and is so disabled that its normal operation is impossible or impractical and
the person or persons in charge of the vehicle are incapacitated by reason of
physical injury or other reason to such an extent as to be unable to provide
for its removal or custody, or are not in the immediate vicinity of the
disabled vehicle;

(b) The person driving or in actual physical
control of the vehicle is arrested for any alleged offense for which the
officer is required by law to take the person arrested
before a proper magistrate without unnecessary delay; or